University  of  California  •  Berkeley 

From  the  Collection  of 
JOSEPH  Z.  TODD 

Gift  of 
Hatherly  B.  Todd 


5-ujaj 


HUN.  SCHUYLER  COI.KAX 


THE    LIFE 


PUBLIC   SERVICES 


SCHUYLEK   GOLF  AX 


TOGETHER   WITH 


HIS  MOST  IMPOKTAJSTT    SPEECHES. 


BY 


EDWARD  WINSLOW  MARTIN. 


SAN  FKAKC1SCO,  CAL.  : 
H.     H.     BANCROFT    &    COMPANY. 

1868. 


Entered  according  to  Act  of  Congress,  in  tne  year  1868,  hy 

JOHN    t\    TROW, 

In  the  Clerk's  Office  of  the  District  Court  of  the  United  States  for  the 
Southern  District  of  New  York. 


THK  TSOW  &  SMITH 
BOOK.  MAXTTPACTURING  COMPATTY 

4B.  43  4  SO  Greene  Street,  N,  Y. 


TO 

THE    YOUNG    MEN    OF    AMERICA 

THIS  RECORD 

OF 
THE    LIFE    OF    ONE 

WHO 

•'ROSE    FROM    THE    RANKS" 
IS  DEDICATED. 


PREFACE. 


THE  unusual  enthusiasm  manifested  by  the  people 
of  the  Union  over  the  nomination  of  Mr.  Colfax  for 
the  office  of  Vice-President  of  the  United  States,  has 
made  it  proper  that  a  full  and  detailed  account  of  the 
life  and  services  of  that  distinguished  statesman  should 
be  given  to  the  public,  in  order  that  the  people  of  the 
country  may  have,  in  a  convenient  form,  a  record  of 
those  services  upon  which  his  friends  base  their  selec 
tion  of  him  for  the  second  post  in  the  gift  of  the 
nation.  It  is  confidently  believed  that  no  better* 
choice  could  have  been  made. 

The  author  has  labored  to  present  as  complete 
and  perfect  a  record  of  the  life  arid  services  of  Mr. 
Colfax,  as  can  be  compressed  within  the  limits  of  a 
work  necessarily  so  brief  as  this.  He  has  given  a  full 
history  of  his  Congressional  career,  his  manly  defence 
of  the  great  and  vital  principles  of  our  system  of  Gov 
ernment,  and  his  efforts  in  behalf  of  the  cause  of  pro 
gress  in  all  parts  of  our  broad  land.  The  "  Overland 
Journey  "  has  been  sketched  briefly  but  comprehen- 


VI  PREFACE. 

sively,  and  full  accounts  of  the  proceedings  of  the 
tional  Republican  Convention,  and  the  events  which 
followed  the  nominations,  are  given.  Copious  extracts 
from  the  speeches  of  Mr.  Colfax  will  be  found  in  the 
body  of  the  book,  and  a  collection  of  a  few  of  his  most 
important  speeches  is  appended  at  the  close  of  the 
volume,  as  it  is  the  desire  of  the  author  to  support 
his  estimates  of  the  subject  of  the  memoir,  and  the 
measures  discussed  herein,  by  Mr.  Colfax's  own  words. 
In  short,  no  pains  have  been  spared  to  make  the  work 
worthy  of  the  support  which  is  asked  for  it. 

The  book  is  given  to  the  public  with  these  few  re 
marks,  and  it  is  hoped  that  it  may,  in  some  degree, 
contribute  to  the  task  of  bringing  those  who  read  it  into 
a  better  and  more  intimate  acquaintanceship  with  its 

distinguished  subject. 

E.  W.  M. 

JUNE  20xH,  1868. 


CONTENTS. 


CHAPTER  I. 

Ancestry — Birth— Boyhood — Early  Life — Eemoves  to  the  West — Ap 
pointed  Deputy-Collector — Early  Studies — Starts  a  Newspaper — Life 
in  the  West — The  Debating  Club — Delegate  to  the  Whig  Convention 
— Sent  to  the  Constitutional  Convention — Defeated  for  Congress — 
Schedule  of  his  Majorities — Declines  the  position  of  State  Senator — 
Elected  to  the  34th  Congress 11 

CHAPTER  II. 

Meeting  of  the  34th  Congress — Political  complexion  of  that  body — Con 
test  for  the  Speakership — Mr.  Colfax's  Keply  to  Mr.  Stewart — A 
Happy  Hit — Kuse  to  elect  a  Pro-slavery  Speaker  detected  and  foiled 
by  Mr.  Colfax — A  plain  Statement — Interesting  Debate — The  Gama 
Blocked — Eenewal  and  final  Failure  of  the  Pro-slavery  Ruse — Sharp 
Practice  in  the  House — Boldness  of  Mr.  Oolfax — A  Fearless  Cham 
pion  of  the  Eight — Generous  Defence  of  Mr.  Banks — Election  of 
Speaker— Bill  for  a  Harbor  of  Eefuge  at  Michigan  City— Efforts  of 
the  Democrats  to  defeat  the  Measure — Its  final  Passage 21 

CHAPTER  III. 

The  Troubles  in  Kansas— History  of  the  Territory— Efforts  to  Organize  it 
Defeated  by  the  South— The  Kansas-Nebraska  Bill— Its  True  Char 
acter — Eepeal  of  the  Missouri  Compromise — History  of  the  Measure 
in  Congress— The  Efforts  of  the  Free-Soil  Members  Defeated  —How 
the  Bill  was  Passed — Opening  of  the  Territory— Organization  and 
Outrages  of  the  Border-Euffians— Emigration  to  the  Territory- 
Outrages  of  the  Bogus  Government  and  its  Officials. — The  Sacking 
of  Lawrence — Laws  of  the  Bogus  Legislature— Efforts  of  the  Free- 
Soil  Men  to  Secure  a  State  Government— The  "  Border  War  "—The 
Case  laid  before  Congress — Report  of  the  Committee — Noble  Speech 
of  Mr.  Colfax  in  behalf  of  the  Free  Settlers — The  Ball  and  Chain — 
Thrilling  Scene  in  the  House 46 


Vlll  CONTENTS. 

CHAPTER  IV. 

Meeting  of  the  34th  Congress— The  Tariff  Question— Mr.  Colfax's  Speech 
on  Free  Sugar — Memorial  of  the  Indiana  Legislature — Debate  on  the 
Subject — Case  of  Mr.  Siraonton — Bold  Appeal  of  Mr.  Colfax  for  the 
Rights  of  a  Citizen — His  Consistency — Care  for  the  Officials  of  the 
House — The  Presidential  Campaign  of  1856 — Mr.  Colfax  predicts 
the  Defeat  of  Fremont,  but  supports  him — Eulogy  on  Senator  Bell 
— Speech  on  the  Mormon  Question — Declares  himself  in  favor  of 
enforcing  the  Neutrality  Laws — Appeal  in  behalf  of  the  Veterans 
of  the  War  of  1812— Denounces  the  Washington  Police— The  Elec 
tion  Law  of  the  City  of  Washington — Proposes  to  abolish  the  Frank 
ing  Privilege — Mr.  Colfax  delivers  his  second  great  Speech  on 
Kansas — Eloquent  Peroration — Efforts  in  behalf  of  the  Indians — 
Efforts  for  Reform  in  the  Post  Office  Department — Resolution  to 
protect  Commodore  Paulding — Opposes  the  Extravagance  of  Con 
gress — Defeats  the  Measure  to  give  all  the  Printing  to  the  Democrats 
— Defence  of  the  State  of  Indiana 77 

CHAPTER  v. 

Reelection  to  the  36th  Congress  — Majority  in  this  election  —  Meet 
ing  of  Congress — Situation  of  the  Country — The  Sectional  trou 
bles—The  John  Brown  Raid— The  Contest  for  Speaker— Mr.  Clark's 
Resolution  —  Denunciation  of  the  Republicans  —  Greeley  on  the 
"  Helper  Book."— The  Contest  for  Speaker  a  hard  Fight— Mr.  Colfax's 
Defence  of  the  Republican  Party — Maintains  the  Right  of  his  Party 
to  elect  a  Speaker — Manly  Assertion  of- his  Independence — Mr.  Col 
fax  maintains  the  Freedom  of  the  Press,  and  administers  a  sharp  Re 
buke  to  the  Democrats — Hopelessness  of  the  Contest  for  the  Speaker- 
ship — Withdrawal  of  Mr.  Sherman  and  Election  of  Mr.  Pennington — 
Mr.  Colfax  is  made  Chairman  of  the  Post  Office  Committee — Efforts 
in  behalf  of  the  Pacific  States  and  Territories — Supports  Mr.  Lincoln 
for  President — A  prophetic  Announcement 106 

CHAPTER  VI. 

Elected  to  the  37th  Congress — Meeting  of  Congress — State  of  the  Coun 
try—Postal  Affairs — Withdrawal  of  Delegates  from  Congress — Reso 
lution  to  withdraw  the  Mails  from  the  revolted  States — Postal  Affairs 
again— The  "  Overland  Mail  "  Route— Speech  of  Mr.  Colfax  in  be 
half  of  it — An  interesting  Statement  of  the  Plan — Inauguration  of 


CONTENTS.  IX 

President  Lincoln— Proposal  to  place  Mr.  Colfax  in  the  Cabinet— 
Secession — Civil  War— Extra  Session  of  Congress— Postal  Regula- 
tions  for  the  Benefit  of  the  Army— Speech  on  the  Tax  Bill— Supports 
the  Measures  of  the  Administration— Eulogy  on  Senator  Baker— 
Elected  to  the  38th  Congress— Gravity  of  the  Contest— Meeting  of 
%  Congress— Resolution,  relative  to  Mexico— Speech  on  the  Bill  to  in 
demnify  the  President— Relations  with  the  President— Favors  the 
Admission  of  West  Virginia — Postal  Reforms— Case  of  Mr.  Vandever 
—  Resolution  respecting  Exchanged  Prisoners  —  Speech  on  the 
Georgetown  Rail  way  Bill— Naval  Affairs— Bounty  Resolution— Views 
upon  the  Financial  Measures  of  the  day — Postal  Reforms  again.  119 

CHAPTER  VII. 

Meeting  of  the  38th  Congress— Mr.  Colfax  elected  Speaker — Statement 
of  the  Vote — Remarks  on. taking  the  Chair — How  the  Speech  was 
received — Conduct  as  Speaker — Measures  of  the  38th  Congress — 
Moves  to  expel  Mr.  Long,  of  Ohio— Speech  in  support  of  his  Resolu 
tion — Debate  in  the  House — A  sharp  Colloquy — Fairness  of  Mr.  Col 
fax — Close  of  the  Session — Remarks  of  the  Speaker — Second  Session 
of  the  38th  Congress — Mr.  Colfax's  Conduct  as  Speaker — Resolution 
of  Thanks — Remarks  of  Messrs.  Cox  and  Dawson — Adjournment  of 
Congress — Address  of  Mr.  Colfax 153 

CHAPTER  VIII. 

Close  of  the  War — Mr.  Colfax  prepares  for  his  "Overland  Journey" — 
Parting  with  President  Lincoln— Murder  of  the  President — The  re 
moval  of  Mr.  Lincoln's  Remains  to  Illinois — Mr.  Colfax  pronounces  a 
Eulogy  at  Chicago,  upon  the  "  Life  and  Principles  of  Abraham  Lin 
coln  " — His  Motives  in  undertaking  the  Journey  to  the  Pacific — The 
Rendezvous  at  Atchison,  Kansas — Mr.  Colfax's  Companions — The 
Journey  begun — The  Ride  across  the  Prairie — Arrival  at  Fort  Kearney 
The  Plains — Emigrant  Trains — The  Route — Communication  with  the 
East — Mr.  Colfax  meets  old  Friends — Breakfast  at  Julesburg — Recep 
tion  at  Denver — Speech  of  Mr.  Colfax — Mr.  Lincoln's  Message  to 
the  Miners— Visits  to  the  Mines— The  1st  of  June  in  Denver- 
Grand  Banquet— En  route  again— The  Ride  over  the  Mountains— In 
dian  Depredations — The  Church  Butte— View  from  the  Hills— Camp 
Douglas — Arrival  and  Reception  at  Salt  Lake  City — Speech  of  Mr. 
Colfax — Honors  to  the  Speaker — Visit  of  Brigham  Young  to  Mr.  Col 
fax— Matters  at  Salt  Lake  City — The  Theatre— The  Tabernacle- 
Second  Interview  with  Brigham  Young — The  Wells,  Fargo  &  Co. 


X  CONTENTS. 

Stages — Departure  from  Salt  Lake  City — Arrival  at  Virginia  City — 
Eeception — Speech  of  Mr.  Colfax — The  Kide  over  the  Sierras — Lake 
Tahoe— A  model  Stage  Eoad— The  Railroad  to  Sacramento— The 
Steamboat— Arrival  at  San  Francisco 178 

CHAPTER    IX. 

Review  of  the  Journey — Departure  for  Oregon — Journey  through  that 
State — Portland — Excursion  on  the  Columbia  River — Reception  at 
the  Dalles — Washington  Territory — Reception  at  Olympia — Puget 
Sound — Reception  at  Vancouver's  Island — Speech  at  Victoria — Re 
turn  to  San  Francisco — Excursions  through  California — Honors  to 
Mr.  Colfax  by  the  Citizens  of  San  Francisco — The  Chinese  Dinner — 
The  Parting  Banquet — Speech  of  Mr.  Colfax — Departure  from  Cali 
fornia — Remarks  of  Mr.  Bowles  on  Mr.  Colfax's  Receptions  by  the 
People — The  Voyage  home — Panama — Crossing  the  Isthmus — Arri 
val  in  New  York— Mr.  Colfax's  Lecture 213 

CHAPTER  X. 

Meeting  of  the  39th  Congress — Mr.  Colfax  elected  Speaker — His  Address 
— Measures  of  Congress — Conflict  with  the  President — Elected  to  the 
40th  Congress — Again  chosen  Speaker — Meeting  of  the  Chicago  Con 
vention — The  Platform — Nomination  of  General  Grant — Balloting 
for  Vice-President — Choice  of  Mr.  Colfax — Scenes  in  the  Convention 
— Announcement  to  Mr.  Colfax — Scene  in  the  Speaker's  Room — Re 
ception  of  Mr.  Colfax — Congratulated  by  the  Democrats — General 
rejoicing — Formal  Announcement  of  his  Nomination  to  Mr.  Colfax — 
His  Reply — Scene  at  General  Grant's  Residence — Mr.  Colfax's  Letter 

y      of  Acceptance — Personal  Sketch  of  Mr.  Colfax 231 

APPENDIX. 

I.  Speech  of  Mr.  Colfax  on  "  The  Position  of  Parties." 257 

II.  "  "    "  "       "    "The  Laws  of  Kansas." 271 

'ill.  "  "    "  u       "    "Free Sugar." 327 

IV.  "  "    "  "       "    "  Utah  Affairs." 340 

V.  "  "    "  "  "    "The  Admission  of  West  Virginia.".  345 

VI.  "  "    "  "       "    "  The  Vandever  Case 361 

VII.  "  "    "  "       "    "  Postal  Reform." 385 

VIII.  "  "    "  "  "   The  Resolution  to  expel  Mr.  Long. . .  432 


LIFE  OF  SCHUYLER  COLFAX. 


CHAPTER  I. 

Ancestry — Birth—Boyhood — Early  Life — Removes  to  the  West — Ap« 
pointed  Deputy-Collector— Early  Studies — Starts  a  "Newspaper — Life 
in  the  "West— The  Debating  Club — Delegate  to  the  Whig  Convention 
—Sent  to  the  Constitutional  Convention — Defeated  for  Congress — 
Schedule  of  his  Majorities — Declines  the  position  of  State  Senator- 
Elected  to  the  34th  Congress. 

SCHUYLER  COLFAX  comes  of  good  stock.  His  grand 
father  was  General  William  Colfax,  of  New  Jersey,  a 
distinguished  officer  of  the  Revolution,  who  commanded 
the  life-guards  of  Washington  throughout  that  struggle. 
The  confidence  and  affection  reposed  in  him  by  the 
great  commander,  during  that  dark  period  of  our  his 
tory,  were  fully  merited,  and  no  officer  of  the  Conti 
nental  Army  was  more  highly  esteemed  by  his  com 
rades  in  arms.  After  the  war  closed,  the  tried  soldier 
was  among  the  most  intimate  personal  friends  of  Wash 
ington,  which  circumstance  is  the  most  emphatic  en 
dorsement  of  his  worth  and  integrity,  as  a  man,  that 
the  "Father  of  his  Country"  could  give.  General 
Colfax  married  Hester  Schuyler,  a  cousin  of  the  famous 
General  Philip  Schuyler,  of  the  Revolution,  and  in 
whose  veins  flowed  the  best  blood  of  New  York.  His 
son  by  this  marriage  was  named  Schuyler,  after  the 
family  of  his  wife.  After  attaining  his  manhood,  this 
son  became  an  officer  in  one  of  the  New  York  banks. 
He  did  not  long  survive  his  marriage,  but  died  about 


12  LIFE    OF   SCHUYLER   COLFAX. 

four  months  before  the  birth  of  his  son,  the  subject  of 
this  memoir. 

SCHUYLER  COLFAX  was  born  in  North  Moore  street, 
in  the  city  of  New  York,  on  the  23d  of  March,  1823. 
His  mother  was  of  very  limited  means,  and  unable  to 
provide  him  with  the  advantages  of  education,  for 
which  his  unusual  brightness  and  aptitude  showed  him 
fitted  ;  and  such  education  as  he  received  was  gained 
at  the  grammar-schools  of  the  city,  and  the  High-School 
in  Crosby  street,  to  which  he  was  soon  promoted.  He 
was  possessed  of  more  than  usual  intelligence  and 
quickness,  and  though  his  school  career  was  brief,  it 
was  one  that  both  instructor  and  pupil  could  contem 
plate  with  pleasure. 

His  mother's  means  were  too  limited,  however,  to 
allow  him  to  remain  at  school  long,  and,  by  the  time 
he  was  ten  years  of  age,  he  was  put  into  the  store  of  a 
friend,  as  a  clerk.  There  he  remained  three  years, 
contributing  greatly,  by  his  small  salary,  to  the  support 
of  his  widowed  mother,  and  entirely  maintaining  him 
self.  In  1836,  his  mother,  having  married  a  gentle 
man  named  Mathews,  removed  with  her  husband  to 
St.  Joseph  County,  Indiana,  taking  her  son  with  her. 
Young  Schuyler  there  became  a  clerk  in  a  store  in  the 
village  of  New  Carlisle,  which  position  he  held  until 
he  was  seventeen  years  old. 

In  1840,  he  was  appointed  Deputy- Auditor  of  the 
county,  and,  in  order  to  have  the  best  facilities  for  the 
discharge  of  his  duties,  he  removed  to  the  town  of 
South  Bend,  where  he  has  resided  ever  since.  This 
was  his  entrance  into  public  life. 


EARLY   STRUGGLES.  13 

It  is  said  that  it  is  the  ambition  of  every  American 
boy  to  become  President  of  the  United  States.  "Whether 
this  feeling  was  shared  by  young  Colfax  we  are  not 
prepared  to  say ;  but  it  is  certain  that,  at  a  very  early 
day,  when  most  boys  are  thinking  of  their  games  and 
play,  he  made  up  his  mind  to  enter  upon  the  stormy 
and  uncertain  career  of  politics  at  the  first  practicable 
moment,  and  to  rise  as  high  and  as  quickly  as  his  abil 
ities  would  permit.  Nor  did  he  content  himself  with 
merely  determining  to  rise  in  the  life  he  had  marked 
out  for  himself.  He  began,  when  only  sixteen  or  sev 
enteen  years  of  age,  to  pursue  a  systematic  and  careful 
course  of  reading  and  study,  resolving  to  make  up  by 
his  own  exertions  what  he  had  lost  in  leaving  school 
so  young.  He  read  law  thoroughly,  and,  though  he 
had  no  idea  of  entering  upon  the  practice  of  it,  he  soon 
became  "an  acknowledged  expounder"  of  it,  and  it  is 
believed  that  his  friends  sought  his  advice  in  such  mat 
ters  quite  as  often  as  they  did  that  of  the  legal  gentle 
men  of  the  neighborhood.  Many  hours  of  each  day, 
after  the  duties  of  his  office  were  over,  were  given  to 
the  most  careful  and  laborious  study.  History,  biog 
raphy,  travels,  poetry,  fiction,  and  every  thing  that 
could  store  his  mind  with  useful  knowledge,  or  aid  him 
in  acquiring  elegance  of  style  in  which  to  express  his 
thoughts,  were  eagerly  read  and  pondered  over  by  this 
young  man,  who  had  resolved  to  win  a  name.  He 
knew  the  slow,  uphill,  wearying  nature  of  the  task  upon 
which  he  had  entered,  but  he  did  not  shrink  from  it. 
Other  men  had  begun  as  poor  and  unknown  as  he,  and 
had  won  the  President's  chair.  The  task  was  hard, 


14  LIFE  OF  SCHUYLER  COLFAX. 

but  it  required  only  industry,  merit,  and  independence ; 
arid  he  meant  to  succeed  as  far  as  lay  in  his  power. 

Tn  1845,  at  the  age  of  twenty-two,  he  took  his  first 
step  in  the  path  he  has  since  trodden  so  worthily.  He 
established  a  weekly  journal  at  South  Bend,  called 
"  The  St.  Joseph  Valley  Register."  Of  this  journal  he 
was  the  sole  proprietor  and  editor.  Those  who  know 
any  thing  of  the  difficulties  which  lie  in  the  way  of  a 
country  newspaper  during  the  first  few  years  of  its 
existence,  will  appreciate  the  magnitude  of  the  task 
which  Mr.  Colfax  thus  undertook.  The  country  was 
riot  very  thickly  settled,  and  the  people,  who  were  just 
laying  the  foundations  of  that  remarkable  prosperity 
which  they  enjoy  to-day,  had  very  little  money  to  spend 
on  newspapers,  and  still  less  for  advertising.  The 
revenues  of  the  paper  were  very  small,  and  its  ex 
penses  very  heavy.  He  began  with  just  two  hundred 
and  fifty  subscribers,  and  by  the  end  of  his  first  year 
had  succeeded  in  contracting  debts  for  his  paper  to  the 
amount  of  thirteen  hundred  and  seventy-five  dollars. 
The  prospect  was  gloomy  enough,  but  the  young  editor 
was  not  discouraged.  He  had  begun  bravely  by  put 
ting  his  shoulder  to  the  wheel,  and  doing  his  own  work. 
In  order  to  economize  his  resources  as  much  as  pos 
sible  he  applied  himself  to  learn  "  the  printer's  art," 
and  worked  regularly  at  the  case,  until  his  editorial 
duties  and  increasing  office  business  compelled  him  to 
desist.  Undismayed  by  the  gloomy  condition  of  his 
affairs  at  the  end  of  his  first  year,  he  persevered,  and 
slowly  and  surely  won  success  where  all  had  seemed  so 
doubtful  before.  His  paper  steadily  prospered,  and 


EDITORIAL    CAREER.  15 

gradually  became  a  source  of  profit  to  him,  affording 
him  a  very  comfortable,  if  not  a  very  large  income.  A 
few  years  after  its  establishment,  his  office,  which  was 
entirely  uninsured,  was  burned  down,  and  he  had  to 
begin  his  labors  over  again.  He  made  good  all  his 
losses,  however,  and  continued  his  connection  with  the 
paper  until  three  or  four  years  ago.  During  the  early 
years  of  his  Congressional  career,  he  wrote  regularly  a 
weekly  letter  to  it,  which  aided  very  materially  in  in 
creasing  its  circulation  and  popularity  in  his  State. 
"  The  Register,"  says  one  of  the  best  of  American 
journalists,  "was  ably  edited,  and  was  a  model  of 
courtesy  and  dignity.  Every  paragraph,  however  small, 
seemed  to  have  passed  under  the  supervision  of  and  to 
reflect  the  mind  and  thoughts  of  its  editor."  Mrs. 
Stowe,  in  her  "  Men  of  the  Times,"  says :  u  Besides  pay 
ing  well,  the  c  Register,1  as  conducted  by  Mr.  Colfax, 
is  entitled  to  the  much  higher  praise  of  having  been  a 
useful,  interesting  and  a  morally  pure  paper,  always  on 
the  side  of  what  is  good  and  right  in  morals  and  socie 
ty.  It  has  been,  for  instance,  constantly  in  favor  of 
temperance  reform ;  and  it  has  always  avoided  the 
masses  of  vile  detail  which  so  many  papers  of  respect 
able  position  manage  to  distribute  in  families  under 
pretence  that  they  must  give  full  news  of  police  reports 
and  criminal  trials." 

Soon  after  the  "  Register  "  was  established,  Mr.  Col- 

O  ' 

fax  assisted  in  organizing  at  South  Bend  a  Debating 
Club,  composed  of  the  best  men,  both  young  and  old, 
of  the  town  and  county.  This  club  met  at  stated 
periods,  and  its  debates  are  said  to  have  been  marked 


16  LIFE    OF   SCHUYLER    COLFAX. 

by  more  than  the  average  ability  of  such  bodies.  Poli 
tics,  law,  history,  and  every  topic  of  a  useful  or  enter 
taining  nature,  furnished  the  themes  which  were  dis 
cussed  by  these  Village  Ciceros. 

Mr.  Colfax  was  rarely  absent  from  the  meetings,  and 
taking  part  in  every  discussion  soon  acquired  that  read 
iness  and  polish  as  a  debater  which  have  marked  his 
course  ever  since  his  first  appearance  in  public  life. 
He  was  regarded  as  the  best  and  most  formidable  de 
bater  in  the  club,  and  there  were  few  who  cared  to 
encounter  either  his  weighty  arguments  or  his  ready 
repartee. 

The  Hon.  John  D.  Defrees,  now  Superintendent  of 
the  Government  Printing,  and  for  many  years  the 
editor  and  proprietor  of.  The  Indianapolis  Journal, 
was  also  a  member  of  the  club,  and  between  Mr.  Col- 
fax  and  himself  there  sprang  up  a  friendship  which 
has  continued  unbroken  to  the  present  day. 

While  connected  with  The  Register,  Mr.  Colfax,  for 
several  sessions,  held  the  post  of  Reporter  of  the  Debates 
of  the  State  Senate  to  the  Indianapolis  Journal.  The 
experience  which  he  gained  in  this  position  was  of  great 
service  to  him,  as  it  enabled  him  to  familiarize  himself 
with  the  forms  and  rules  of  parliamentary  assemblies. 

In  entering  upon  his  political  life,  Mr.  Colfax  cast 
his  fortunes  with  the  old  Whig  Party,  with  which  he 
continued  to  act  so  long  as  it  existed.  He  exerted 
himself  energetically  through  the  columns  of  his  paper, 
and  elsewhere,  in  behalf  of  his  party  and  its  principles, 
and  it  was  not  long  before  he  won  the  regard  and  con 
fidence  of  his  political  associates.  In  1848,  he  was  a 


ELECTED  TO  THE  STATE  CONVENTION.       1? 

member  of  the  Indiana  delegation  to  the  National 
Whig  Convention,  which  nominated  General  Taylor 
for  the  Presidency,  and  was  chosen  by  that  body  to  act 
as  its  Secretary.  He  took  an  active  part  in  the  cam 
paign  which  followed,  and  enjoyed  the  satisfaction  of 
witnessing  the  splendid  triumph  of  his  party. 

His  district  was  strongly  Democratic,  but  so  great 
was  his  personal  popularity,  that,  in  1850,  he  was 
chosen  to  represent  the  County  of  St.  Joseph  in  the 
Convention  which  framed  the  present  Constitution  of 
the  State  of  Indiana.  In  this  body  he  acquired  an  en 
viable  reputation  as  a  debater,  as  well  as  for  the  sound 
ness,  moderation,  and  fairness  of  his  views. 

Among  the  measures  introduced  in  to  the  Convention, 
was  one  prohibiting  free  colored  men  frpm  settling  in 
the  State.  This  Mr.  Colfax  opposed  with  all  his  abil 
ity,  denouncing  it  as  unwise  and  unjust,  and  as  calcu 
lated  to  dishearten  the  negro  race  in  whatever  efforts 
they  might  make  for  their  advancement  intellectually 
or  morally.  He  thus  early  placed  himself  fairly  in  the 
position  he  has  always  held,  of  friendship  to  the  op 
pressed  and  downtrodden  of  all  races  and  countries. 
The  earnestness  with  which  he  opposed  the  measure  is 
said  to  have  been  the  cause  of  his  defeat  in  his'  first 
nomination  to  Congress. 

In  1851,  he  received  the  nomination  of  his  party  for 
the  position  of  Representative  in  Congress  for  his  dis 
trict.  His  opponent,  the  Democratic  nominee,  was 
Dr.  Graham  N,  Fitch,  who  afterwards  figured  in  the 
United  States  Senate  during  the  Administration  of 
Buchanan.  Although  the  district  was  Demo- 
2 


18  LIFE    OF   SCHUYLER   COLFAX. 

cratic,  Mr.  Colfax  ran  his  antagonist  so  hard,  that 
the  latter  was  elected  by  only  238  majority,  in  a  poll 
of  18,474  votes.  Few  men  could  have  made  such  a 
fight  in  a  hostile  district. 

It  may  be  interesting  to  the  reader,  at  this  point,  to 
glance  at  the  successive  majorities  by  which  Mr.  Colfax 
has  been  regularly  returned  to  Congress,  since  his 
first  and  only  defeat.  The  statement  is  taken  from 
the  New  York  Tribune. 

1851.     Colfax 9,118     Fitch 9,356 

1854.     Colfax 9,989     Eddy 8,223 

1856.     Colfax 12,926     Stuart 11,890 

1858.     Colfax 14,541     Walker  ...  12,610 

1860.     Colfax 16,860     Cat-heart .  .  13,458 

1862.     Colfax 14,775     Turpie 14,546 

1864.     Colfax 16,658     Turpie 14,978 

1866.     Colfax 20,221     Turpie  ....  18,073 

"Thus  we  see,"  says  The  Tribune,  "  that  our  Candi 
date  for  the  Vice  Presidency  has  proved  as  invincible 
in  the  arena  of  intellectual  struggle  for  Liberty  and 
Loyalty  as  our  more  illustrious  candidate  amid  the 
stern  alarums  of  War." 

Previous  to  this  defeat,  Mr.  Colfax  had  been  offered 
the  nomination  as  Senator  from  his  district  in  the  State 
Legislature,  but  had  declined  it  for  the  reason  that  at 
that  time  his  business  claimed  his  every  energy.  There  is 
no  doubt  that  his  personal  popularity,  which  grew 
stronger  every  day,  and  which  was  founded  on  his 
sterling  worth  as  a  man,  and  his  merits  as  a  politician, 
would  have  secured  his  election  by  a  very  large 
majority. 


ELECTED  TO   CONGRESS.  19 

In  1852,  Mr.  Colfax  was  chosen  a  delegate  to  the 
National  Whig  Convention,  which  met  in  Baltimore 
on  the  16th  of  June,  and  was  appointed  by  that  body 
one  of  its  secretaries.  This  convention  nominated 
General  Winfield  Scott  for  the  Presidency,  and  the 
campaign  which  followed  was  a  very  exciting  one. 

Mr.  Colfax  declined  a  nomination  to  Congress  this 
year,  and  his  district,  which  the  Democrats  had  carried 
against  him  by  only  238  majority,  was  now  lost  to  the 
Whigs  by  over  one  thousand  majority.  He  entered 
into  the  Presidential  canvass  with  great  energy,  speak 
ing  frequently  in  behalf  of  the  Whig  nominee,  and 
using  his  pen  with  his  accustomed  vigor.  Every  effort 
was  vain,  however.  The  Whig  Party  had  hesitated  to 
take  the  high  moral  ground  on  the  issues  of  the  day 
upon  which  duty  and  patriotism  required  it  to  stand, 
and  even  the  great  soldier  it  had  placed  at  its  head, 
could  not  win  it  success. 

In  1854,  Mr.  Colfax  was  again  nominated  to  Con 
gress  by  his  party,  and  this  time  was  elected  by  1766 
majority,  over  Mr.  Eddy,  his  Democratic  competitor. 
The  member  from  the  St.  Joseph  district  had  been 
sent  to  Congress  as  a  Free  Soil  Democrat,  and  it 
was  understood  by  the  people  of  his  district  that  he 
was  to  represent  fairly  their  sentiments  upon  the  ques 
tion  of  Slavery  in  the  Territories.  They,  in  common 
with  the  entire  North  and  West,  had  resolved  to  put  a 
stop  to  the  era  of  concessions  to  Slavery,  and  while 
they  were  not  desirous  of  interfering  with  any  of  the 
rights  of  the  South,  or  of  destroying  Slavery  where  it 
then  existed,  they  were  determined  that  not  one  foot 


20  LIFE   OF   SCHUYLEB,   COLFAX. 

more  of  our  fair  land  should  be  polluted  with  the  foul 
stain.  A  mighty,  although  a  quiet  revolution  had 
swept  over  the  Northern  mind,  and  the  resolve  that 
Slavery  should  be  confined  to  its  then  existing  limits, 
grew  stronger  every  day.  By  the  terms  of  the  Missou 
ri  Compromise,  Slavery  was  prohibited  forever,  north 
of  the  line  of  36  degrees,  30  minutes,  north  latitude, 
and  protected  south  of  that  line.  The  Bill  for  the  or 
ganization  of  the  Territories  of  Kansas  and  Nebraska, 
reported  by  Senator  Douglass  from  Illinois,  repealed 
the  Missouri  Compromise,  and  thus  opened  again  a 
question  which  it  was  thought  had  been  forever  settled 
by  that  instrument.  This  repeal  was  believed  by  the 
North  to  be  a  breach  of  faith,  and  it  met  with  the 
sternest  condemnation  of  that  section.  The  member 
from  the  St.  Joseph  district  had  been  one  of  those  who 
had  voted  for  it,  and  his  constituents  resolved  that  he 
should  not  return  to  Congress  as  their  Representative. 
Accordingly,  Mr.  Colfax  was  nominated  and  elected  in 
the  fall  of  1854. 


CHAPTER  II. 

Meeting  of  the  34th  Congress — Political  complexion  of  that  body — Con 
test  for  the  Speakership — Mr.  Colfax's  Keply  to  Mr.  Stewart — A 
Happy  Hit — Ruse  to  elect  a  Pro-slavery  Speaker  detected  and  foiled 
by  Mr.  Colfax — A  plain  Statement — Interesting  Debate — The  Game 
Blocked — Kenewal  and  final  Failure  of  the  Pro-slavery  Ruse — Sharp 
Practice  in  the  House — Boldness  of  Mr.  Colfax — A  Fearless  Cham 
pion  of  the  Right — Generous  Defence  of  Mr.  Banks — Election  of 
Speaker — Bill  for  a  Harbor  of  Refuge  at  Michigan  City — Efforts  of 
the  Democrats  to  defeat  the  Measure — Its  final  Passage. 

THE  first  Session  of  the  34th  Congress  met  in 
Washington  on  the  3d  of  December,  1855,  and  in  this 
body  Mr.  Colfax  took  his  seat  as  Representative  from 
the  Ninth  Congressional  District  of  Indiana.  After 
the  organization  of  the  House,  he  was  appointed  by 
the  Speaker  a  member  of  the  Standing  Committee  on 
Elections. 

There  was  in  the  Lower  House  of  this  Congress  a 
decided  majority  against  the  Administration  of  Mr. 
Pierce,  but  the  elements  comprising  this  opposition 
were  so  inharmonious  and  discordant,  that  they  were 
in  no  condition  to  accomplish  any  thing  of  consequence. 
The  Anti-Nebraska  men  numbered,  all  told,  about  108 
members,  the  Democrats,  who  supported  the  Adminis 
tration,  about  75,  and  the  "Americans,"  or  Know 
Nothings,  about  40.  The  Know  Nothings,  as  will  be 
seen  from  this  estimate,  held  the  balance  of  power  in 
the  contest  for  Speaker,  with  which  the  proceedings  of 


22  LIFE   OF   SCHUYLER  COLFAX. 

the  House  opened.  Both  parties,  Republican  and 
Democratic,  were  anxious  to  secure  the  Speakership, 
inasmuch  as  the  Speaker  has  the  right  to  appoint  all 
the  Committees  of  the  House,  according  to  his  pleas 
ure,  and  by  making  these  Committees  to  consist  of 
jpro-Slavery  or  cmta'-Slavery  members,  can  to  a  great 
degree  influence  the  legislation  of  the  House.  It  was 
well  known,  for  all  the  past  had  proved  it,  that  if  a 
pro-Slavery  Speaker  should  be  elected,  the  Committees 
would  be  formed  entirely  in  the  interest  of  the  South, 
and  that  the  voice  of  the  Free  States  would  be  to  a 
great  degree,  if  not  entirely  silenced,  by  the  refusal  of 
the  Committees  thus  organized  to  report  any  measure 
favorable  to  the  Free  Soil  element.  Thus  the  contest 
for  the  Speakership  assumed  a  grave  and  most  excit 
ing  character.  The  Republicans  were  determined  to 
spare  no  effort'  to  elect  their  candidate,  and  the  Dem 
ocrats  were  equally  resolved.  The  Know  Nothings, 
although  they  presented  a  candidate  of  their  own, 
really  balanced  between  the  two  great  wings  of  the 
House,  courted  and  dreaded  by  each. 

The  contest  began  on  the  3d  of  December,  1865, 
by  the  nomination  of  the  Hon.  William  A.  Richard 
son,  of  Illinois,  as  the  Democratic  Candidate.  Hon. 
N.  P.  Banks  of  Massachusetts,  was  nominated  as  the 
Anti-Nebraska  Candidate,  and  besides  these  two,  there 
were  nominated  Hons.  Humphrey  Marshall  of  Ken 
tucky,  Henry  M.  Fuller  of  Pennsylvania,  Lewis  D. 
Campbell,  of  Ohio,  and  Alexander  C.  M.  Pennington, 
of  New  Jersey.  When  the  vote  was  counted,  it  was 
found  that  Mr.  Richardson  had  received  74  votes  out 


CONTEST   FOR   THE   SPEAKERSHIP.  23 

of  the  113  necessary  to  a  choice,  Mr.  Campbell  53, 
Mr.  Marshall  30,  Mr.  Banks  21,  Mr.  Fuller  17,  and 
Mr.  Pennington  7.  Besides  these,  23  votes  were  scat 
tering.  From  this  time  the  contest  went  on  with  in 
creasing  excitement,  until  the  2d  of  February,  1856, 
when,  on  the  134th  ballot,  Mr.  Banks  was  elected 
Speaker  by  a  vote  of  103  to  100  for  Mr.  Aiken.  This 
was  the  first  decided  triumph  the  Anti-Slavery  men 
had  ever  won  in  Congress,  and  they  were  naturally 
very  proud  of  it. 

Though  a  new  member,  Mr.  Colfax  took  an  active 
part  in  the  election,  and  the  struggle  which  preceded 
it.  On  the  24th  of  December,  1855,  Mr.  Stewart,  of 
Maryland,  presented  to  the  House  a  series  of  Resolu 
tions,  setting  forth  the  views  of  the  Democratic  party 
on  the  general  condition  of  the  country,  and  indirectly 
charging  the  Republicans  with  a  desire  to  break  up 
the  country,  a  desire  to  encourage  unlawful  armed  ex 
peditions,  and  concluding  with  an ,  intimation  that  the 
Democrats  would  to  the  end  oppose  the  election,  as 
Speaker,  of  any  man  who  was  not  unreservedly  com 
mitted  to  their  principles. 

Mr.  Washburn,  of  Maine,  moved  to  lay  the  resolu 
tions  on  the  table,  whereupon  Mr.  Rust,  of  Texas, 
moved  to  "  refer  them  to  the  Committee  of  the  "Whole 
on  the  State  of  the  Union,  when  a  Speaker  is  elected." 

Mr.  Colfax  had  listened  patiently  to  these  resolu 
tions,  and  detecting  ihe  covert,  but  sharp  attack  on  his 
party  contained  in  them,  at  once  prepared  a  reply. 
Rising  to  his  feet,  he  said :  "  Jf  the  gentleman  from 
Maryland  will  be  kind  enough  to  accept  the  following 


24  LIFE   OF   SCHUYLER   COLFAX. 

as  a  substitute  for  the  series  of  resolutions  he  has  pro 
posed,  I  may  feel  disposed  to  vote  for  them.  I  submit 
them  to  his  consideration  : 

"  Resolved,  That  this  House  earnestly  disapproves 
of  any  attempt,  open  or  covert,  to  annex  the  island  of 
Cuba  to  this  Republic. 

"  Resolved,  That  it  would  heartily  approve  of  the 
annexation  of  that  part  of  Oregon  which  was  surren 
dered  to  Great  Britain  by  the  Administration  of  James 
K.  Polk." 

The  repartee  was  so  well  delivered,  and  so  sharp, 
that  the  shaft  went  straight  to  the  mark,  and  the  "new 
member  "  resumed  his  seat  amidst  shouts  of  laughter, 
and  cries  of  "  good  "  from  many  Democrats,  as  well  as 
the  Republicans. 

The  most  important  service  rendered  by  Mr.  Col- 
fax  during  the  contest  for  Speaker,  was  the  manner  in 
which  he  prevented  the  success  of  the  plan  for  placing 
Mr.  Orr,  of  South  Carolina,  in  the  Speaker's  Chair. 
It  was  seen  that  the  struggle  in  the  House  would  un 
doubtedly  be  a  very  long  one,  and  in  order  to  facilitate 
the  despatch  of  the  public  business,  Mr.  Campbell,  of 
Ohio,  who  had  been  elected  as  an  Anti-Nebraska  man, 
offered  the  following  resolution  : 

"Mesdved,  That  the  Hon.  Jas.  L.  Orr,  of  South 
Carolina,  be  invited  to  preside  over  this  body  until  a 
Speaker  is  elected." 

Considering  the  great  personal  popularity  of  Mr. 
Orr  in  the  House,  there  was  every  reason  to  believe 
that  this  resolution  would  be  adopted.  The  proposal 
was  on  its  face  a  very  fair  one — Mr.  Orr  was  in  every 


CONTEST  FOR  THE   SPEAKERSHIP.  25 

way  qualified  to  discharge  the  duties  of  the  office.  He 
was  very  popular,  and  it  seemed  at  first,  that  under 
his  administration  the  business  of  the  House  would  go 
forward  smoothly  until  a  regular  Speaker  could  be 
chosen.  But  the  whole  affair  was  really  a  shrewd  de 
vice  on  the  part  of  the  Democrats  to  secure  the  elec 
tion.  With  Mr.  Orr  once  in  the  Chair,  they  hoped  to 
secure  votes  enough  from  the  Know  Nothings  to  keep 
him  there,  and  that  their  hope  was  well  founded,  is 
shown  by  the  fact,  that  nearly  all  of  that  party  went 
over  to  the  Democrats  at  the  final  vote  for  Speaker. 

Some  debate  followed  the  offering  of  the  resolution, 
and  a  motion  to  lay  it  on  the  table  was  lost  by  a  vote 
of  88  yeas  to  108  nays. 

As  soon  as  this  vote  was  announced,  Mr.  Colfax, 
who  had  detected  the  whole  scheme  of  the  Democrats, 
rose,  whereupon  the  following  debate  ensued : 

"  Mr.  Colfax. — I  regret,  Mr.  Clerk,  that  at  this 
most  important  move  of  the  Session — • 

"Mr.  Clingman. — I  rise  to  a  question  of  order. 
The  previous  question  has  been  moved  upon  the  resolu 
tion  before  the  House,  and  no  debate  is  in  order. 

"  Mr.  Colfax.— I  think  I  have  the  floor. 

"  Mr.  Clingman. — I  must  insist  upon  my  question 
of  order. 

"Mr.  Colfax. — Other  gentlemen  have  spoken  since 
the  previous  question  was  called,  and  I  claim  the  right 
to  be  heard  also. 

"  The  Clerk.— The  recollection  of  the  Clerk  is,  that 
the  previous  question  was  moved,  but  he  had  forgotten 
it  at  the  time  he  recognized  the  gentleman  from  In- 


26  LIFE  OF  SCHUYLER  COLFAX. 

diana.  The  Clerk  thinks,  however,  that  the  previous 
question  has  been  moved,  and  the  journal  bears  him 
out  in  his  recollection.  No  debate,  therefore,  is  in 
order. 

"  Mr.  Campbell,  of  Ohio. — I  made  the  motion  for 
the  previous  question,  but  understanding  that  the  hon 
orable  gentleman  from  Indiana  desires  to  make  some 
observations  upon  the  resolution,  I  will  withdraw  the 
motion  for  the  purpose,  if  he  will  renew  it. 

"  Mr.  Colfax. — I  will  renew  it.  Mr.  Clerk,  I  regret 
that,  at  this  most  important  move  of  this  protracted 
struggle,  which  has  attracted  not  only  the  attention  of 
the  House  but  of  the  whole  country,  I  am  compelled 
by  conscientious  convictions  to  vote  against  the  motion 
of  the  distinguished  gentleman  from  Ohio,  with  whom 
it  has  been  my  pleasure  generally  to  act  upon  this  floor. 
Sir,  I  am  not  a  lawyer ;  but  I  have  often  heard  it  stated 
by  lawyers,  that  possession  is  nine  points  in  the  law.  It 
is  well  known  that  the  distinguished  gentleman  from 
South  Carolina,  whose  name  appears  in  this  resolution, 
has  been  spoken  of  as  the  one  likely  to  be  settled  on  as 
the  compromise ;  and  I  am  unwilling,  considering  the 
magnitude  of  the  issues  involved,  to  give  him  the  advan 
tage  which  he  would  derive  from  the  temporary  occu 
pancy  of  the  chair.  I  am  willing,  however,  to  act  as 
magnanimously  as  gentlemen  on  the  other  side  could 
reasonably  claim.  I  am  willing  that  the  clerk,  belong 
ing,  as  he  does,  to  the  Administration  party,  should 
continue  to  preside  over  our  deliberations  until  a  per 
manent  organization  has  been  effected ;  and  I  will  go 
further ;  I  am  willing  to  place  the  two  minorities  here 


DEBATE   UPON   MR.  CAMPBELLS  RESOLUTION.  27 

the  Democracy  and  the  American  party,  upon  equal 
footing  with  the  very  large  plurality— I  might  almost 
say  majority,  of  members  who  are  Republicans ;  for  I 
believe  it  is  very  well  understood  that  the  members 
voting  for  Mr.  Banks  are,  if  the  scattering  votes  are 
not  counted,  a  majority  over  those  voting  for  both  Mr. 
Richardson  and  Mr.  Fuller.  I  am  willing  that  the 
three  parties  in  the  House  shall  occupy  an  exactly  equal 
position  in  this  temporary  organization.  I  propose, 
therefore,  to  amend  the  resolution  offered  by  the  gen 
tleman  from  Ohio,  by  striking  out  all  after  the  word 
4  Resolved,'  and  to  insert  the  following : 

" '  That  the  three  parties  in  this  House,  represented 
by  the  one  hundred  and  five  votes  for  Mr.  Banks,  the 
seventy-five  votes  for  Mr.  Richardson,  and  the  forty 
votes  for  Mr.  Fuller,  shall  each  elect  a  Speaker  pro 
tempore,  who  shall  preside  over  the  deliberations  of  the 
House  alternately,  as  they  shall  mutually  agree  among 
themselves,  until  a  Speaker  is  elected? 

"  Mr.  Campbell. — I  have  but  a  word  to  say  in  reply 
to  the  gentleman  from  Indiana. 

"  The  Clerk. — The  Clerk  would  suggest  that  inas 
much  as  the  call  for  the  previous  question  was  pending 
and  withdrawn  temporarily  in  order  to  allow  the  gen 
tleman  from  Indiana  to  address  some  remarks  to  the 
House,  the  proposition  which  he  has  submitted  is  not 
in  order. 

"  Mr.  Colfax. — I  rise  to  a  question  of  order.  The 
gentleman  from  Ohio  [Mr.  Campbell]  withdrew  his 
call  for  the  previous  question,  and  yielded  the  floor  to 
ine.  While  occupying  the  floor  then  I  was  invested 


28  LIFE    OF   SCHUYLER   COLFAX. 

with  all  the  rights  that  can  be  exercised  by  any  mem* 
ber  upon  this  floor.  The  call  for  the  previous  question 
has  not  been  seconded.  I  am  willing  to  renew  the  call 
for  the  previous  question ;  but  I  maintain  that  my  prop 
osition  is  now  before  the  House  as  an  amendment  to 
the  resolution  of  the  gentleman  from  Ohio,  and  pre 
ceding  the  motion  for  the  previous  question. 

"  Mr.  Sage. — If  my  memory  serves  me,  the  call  for 
the  previous  question  was  not  seconded.  The  call 
was  made,  but  the  main  question  was*  not  ordered  to 
be  put. 

"  The  Clerk.— The  Clerk,  on  reflection,  thinks  that 
the  proposition  of  the  gentleman  from  Indiana  [Mr. 
Colfax]  is  in  order.  The  floor  was  yielded  to  the  gen 
tleman  from  Indiana  on  condition  that  before  he  took 
his  seat  he  should  renew  the  call  for  the  previous 
question,  which  had  been  withdrawn  by  the  gentleman 
from  Ohio  [Mr.  Campbell].  Before  resuming  his  seat, 
and  previous  to  his  renewal  of  the  call  for  the  previous 
question,  the  gentleman  from  Indiana  presented  his 
amendment.  The  Clerk  thinks  that  it  is  in  order. 

"Mr.  Colfax. — I  submitted  my  amendment  before  I 
renewed  the  call  for  the  previous  question.  The  gen 
tleman  from  Ohio  desires  to  reply  to  what  I  have  said, 
and  I  therefore  withdraw  the  call  for  the  previous 
question,  and  give  up  the  floor  to  him  for  that  pur 
pose. 

"  Mr.  Campbell. — Mr.  Clerk,  the  proposition  which 
I  made  is  a  simple  one ;  and  I  had  no  idea  that  there 
would  be  any  stir  or  excitement  about  it.  Nor  did  I 
suppose  that  I  was  about  to  separate  myself  from  my 


DEBATE   IN   THE   HOUSE.  29 

very  highly  esteemed  friend  from  Indiana,  or  any  bodv 
else  on  this  side  of  the  Hall.  What  is  it  ?  Does  it 
propose  to  give  in  to  the  Opposition  ?  And  let  me  say 
to  the  gentleman,  that  when  it  comes  to  war  with  that 
Opposition  on  the  Nebraska  question,  I  will  be  found 
one  of  the  last  men  to  yield  the  point.  Does  it  propose 
to  give  any  advantage  to  the  Opposition  ?  [A  Voice. 
It  gives  them  the  Malakoff].  It  gives  them  the  Mal- 
akoff,  does  it?  If  I  understand  the  position  of  the 
Clerk  on  the  principles  of  the  Nebraska  bill,  he  goes  to 
the  furthest  extreme  proposed  by  the  gentleman  from 
South  Carolina  [Mr.  Orr].  Then  we  yield  nothing  in 
simply  proposing  that  the  Clerk,  who  has  the  duties  of 
the  clerkship  devolved  on  him,  shall  be  relieved  from 
the  charge  of  presiding,  and  it  shall  be  placed  in  the 
hands  of  one  who,  it  is  acknowledged  on  all  hands, 
understands  the  parliamentary  law,  and  will  be  impar 
tial  in  administering  it.  Will  the  gentleman  from  In 
diana  then  tell  me  what  point  of  principle  in  the  great 
contest  I  have  waived  by  the  proposition  ? 

"  Mr.  Colfax. — I  will  answer  my  friend  from  Ohio 
with  great  pleasure.  I  can  see,  notwithstanding  I  am 
"  no  prophet,  nor  the  son  of  a  prophet,"  in  the  vista 
of  the  future  that  after  we  have  spent  another  three 
weeks  in  balloting  for  a  Speaker,  a  proposition  may  be 
sprung  on  the  House — worried  out,  weary  with  dissen 
sions  and  discussion,  something  like  this :  that  the  gen 
tleman  from  South  Carolina  [Mr.  Orr],  who  will  be  in 
the  chair,  who  will  have  doubtless  administered  its  par 
liamentary  duties  impartially  and  acceptably,  shall, 
inasmuch  a's  we  cannot  elect  any  body  else,  be  de- 


30  LIFE    OF   SCHUYLEE   COLFAX. 

clared  the  elected  Speaker  of  the  Thirty-Fourth  Con 
gress. 

"  Mr.  Campbell. — If  the  honorable  gentleman  from 
Indiana  comes  here  expecting  to  be  worried  out  of 
principle,  he  had  better  make  up  his  mind  to  pack  up 
and  go  home.  [A  Voice. — Will  you  never  be  worried 
out  ?]•  No,  sir,  never.  You  have  adopted  a  rule  this 
morning  which  will  require  those  of  us  who  are  deter 
mined  not  to  give  in  on  it,  to  sit  here  and  vote,  and 
vote,  and  vote,  until  you  make  a  Speaker.  Now,  if 
the  gentleman  expects  to  be  worried  out  to-morrow,  or 
next  week,  or  the  week  after  next,  let  him  say  so. 

"  Mr.  Colfax. — Allow  me-  to  explain.  My  friend 
from  Ohio  certainly  misunderstands  me.  He  does  not 
exhibit  his  usual  clear-sightedness  in  misunderstanding 
my  point  as  he  does.  Perhaps  I  am  vague.  I  was 
alluding  in  my  remarks  specially  to  the  minorities 
which  have  been  billing  and  cooing  on  this  floor.  Have 
we  not  heard  appeal  after  appeal  made  to  the  friends 
of  the  gentleman  from  Illinois  [Mr.  Richardson]  to 
take  down  that  Democratic  platform,  which  is  a  wall 
of  fire  that  divides  them,  or  to  present  some  other  can 
didate  whom  the  gentlemen  of  the  twelfth  section  of 
the  American  platform  can  vote  for,  without  being  con 
sidered  as  indorsing  the  resolutions  of  the  caucus  which 
nominated  Mr.  Richardson  ? 

"  Mr.  Campbell. — Let  them  take  the  responsibility ; 
and  I  say  to  the  gentleman  from  Indiana  that  I  would 
rather  belong  to  a  bold  minority  standing  inflexibly 
against  the  principles  of  that  Nebraska  bill,  without 
an  organization  such  as  we  would  wish,  warring  against 


EEMARKS   OP   MR.  CAMPBELL.  31 

this  Administration  with  its  organization,  than  to  be 
long  to  that  party  which,  by  a  kind  of  machinery,  gets 
the  power  of  the  House.  Now,  -sir,  it  is  the  simplest 
and  fairest  proposition,  it  strikes  me,  that  was  ever  sub 
mitted,  under  the  circumstances,  to  a  body  like  this. 
It  is  simply  a  transfer  of  the  presiding  powers,  tempo 
rarily,  until  you  elect  a  Speaker.  The  honorable  gen 
tleman  from  South  Carolina  [Mr.  Orr]  is  acknowledged, 
on  all  hands,  to  be  a  man  of  fairness.  He  differs  from 
me  on  all  points  of  politics. 

"  This  is  a  transfer,  with  a  view  to  what  ?  As  I  ex 
pressed  it  a  while  ago,  with  a  view  to  the  good  order, 
the  decorum,  and  the  dignity,  which  should  character 
ize  an  American  Congress.  Do  we  not  all  know,  at 
least  those  of  us  who  have  served  here  in  times  past, 
that,  even  under  the  administration  of  a  permanent 
Speaker — when  you  came  to  night  sessions,  day  and 
night  continuous  sessions  without  sleep,  as  your  reso 
lution  proposes,  and  without  food,  except  that  which 
you  may  get  about  the  Capitol — there  are  scenes  of 
turbulence  and  disorder  unbecoming  the  high  character 
which  ought  to  belong  to  this  body  ?  The  proposition 
is  made  with  the  view  of  preserving  our  character  be 
fore  the  eye  of  the  world,  at  the  same  time  exhibiting, 
I  admit,  some  degree  of  magnanimity,  when  I  propose 
to  take  a  gentleman  differing  from  me  widely  as  does 
the  gentleman  from  South  Carolina.  Had  I  consulted 
my  own  wishes,  and  had  I  looked  to  that  which  is,  per 
haps,  due  to  the  distinguished  gentleman  from  my  own 
State,  I  should  have  inserted  the  name  of  my  colleague 
from  the  Ashtabula  district  [Mr.  Giddings]  ;  but  I  knew 


32  LIFE   OP   SCHUYLER   COLFAX. 

full  well,  then,  that  I  should  be  charged  with  section 
alism,  abolitionism,  and  fanaticism. 

"  A  minor  point,  as  I  expressed  it,  I  thought  clearly, 
in  the  outset,  was  not  to  impute  impropriety  to  the 
Clerk  at  all,  but  to  relieve  him  in  some  degree  from  the 
onerous  duties  which  have  been  devolved  on  him  for 
the  past  three  weeks,  and  transfer  them  to  a  man  of 
similar  political  opinions  until  a  Speaker  should  be 
elected ;  one,  too,  in  whose  integrity  and  impartiality 
I  have  the  fullest  confidence.  I  lose  nothing  to  the 
gentleman's  cause  by  the  motion ;  nothing  to  the  cause 
of  those  of  us  on  this  side,  or  to  that  of  the  gentlemen 
who  come  prepared  to  vote  for  a  resolution  showing  to 
the  world  that  we  mean  to  sit  here  until  we  shall  elect 
a  Speaker,  and  then,  whenever  they  get  sleepy  or  hun 
gry,  go  home.  I  have  entered  here  for  this  entire  cam 
paign  [laughter]  ;  and,  whenever  the  gentleman  from 
Indiana  finds  me  yielding  one  single  point  of  principle, 
it  will  be  time  enough  for  him  to  notify  the  House  and 
the  country  that  he  discovers  that  it  is  his  duty  to  sepa 
rate  from  me. 

"  Mr.  Colfax. — I  trust  that  my  friend  does  not  un 
derstand  me  as  imputing  to  him  any  want  of  principle. 

"  Mr.  Campbell.— Not  at  all. 

"Mr.  Colfax. — I  would  be  the  last  man  to  do  it.  I 
think  the  proposition  was  a  mismove ;  but  he  knows 
right  well  that,  wherever  his  banner  leads  in  the  Ne 
braska  fight  before  us  at  this  session,  there  will  I  follow 
him  unflinchingly  to  the  end. 

"  Mr.  Campbell. — I  do  not  aspire  to  lead  any  body. 
My  only  aspiration  now  is  to  make  such  provision  as 


THE   GAME   BLOCKED.  33 

will  enable  us  to  go  on  with  the  business  of  the  House. 
We  can  do  so  under  my  resolution,  harmoniously  and 
in  good  order.  I  renew  the  demand  for  the  previous 
question."  [Cries  of  "  Question  !  "  "  Question  1 "] 

Some  further  debate  ensued,  but  the  House  ad 
journed  before  the  vote  could  be  taken.  Night  brought 
with  it  reflection,  and  the  Anti-Nebraska  members  saw 
that  Mr.  Colfax1  s  exposition  of  the  device  of  the  Demo 
crats  was  true,  and  that  the  danger  with  which  they 
were  threatened  was  great.  Next  morning,  December 
27th,  it  was  clearly  seen  that  Mr.  Campbell's  resolution 
would  be  defeated,  whereupon  it  was  withdrawn,  and 
the  plot  of  the  Administration  members,  into  which 
Mr.  Campbell  had  been  so  cleverly  entrapped,  was  de 
feated.  The  credit  was  due  to  the  vigilance  and  energy 
of  Mr.  Colfax,  who  soon  came  to  be  known  as  one  of 
the  best  parliamentarians  in  the  House. 

For  a  while  the  dreary  monotony  of  voting  for 
Speaker  went  on  daily  ;  but  the  Democrats,  hoping  to 
win  by  a  sudden  bold  move,  renewed  their  efforts  on 
the  9th  of  January,  1856,  when  Mr.  Sneed,  of  Tennes 
see,  offered  a  resolution  that  the  Hon.  James  L.  Orr 
"  be  requested  to  preside  as  temporary  chairman  until 
a  Speaker  be  elected;"  and  on  this  resolution  the  gen 
tleman  demanded  the  yeas  and  nays. 

This  attack  had  not  been  expected  by  the  Opposi 
tion,  as  it  had  been  believed  that  the  manner  in  which 
Mr.  Campbell's  resolution  had  been  received  had  defi 
nitely  settled  the  question ;  but,  as  soon  as  Mr.  Sneed 
resumed  his  seat,  Mr.  Colfax  rose  and  offered  a  resolu 
tion  similar  to  that  which  he  had  offered  on  the  26th 
3 


34  LIFE   OF   SCHUYLER   COLFAX. 

of  December.  Mr.  Washburne,  of  Maine,  moved  to  lay 
the  whole  subject  on  the  table,  while  Mr.  Humphrey 
Marshall,  of  Kentucky,  moved  to  adjourn.  The  Clerk 
stated  that  Mr.  Washburne's  motion  was  before  the 
House,  and  a  call  was  made  for  the  yeas  and  nays, 
which  were  ordered ;  but  before  the  roll  could  be 
called,  the  resolution  of  Mr.  Sneed  was  withdrawn. 

Failing  in  this  eifort,  the  Democrats  now  tried  to 
force  upon  the  House  a  resolution  to  sit  continuously 
from  that  time,  Wednesday  night,  until  noon  the  next 
Saturday,  unless  a  Speaker  should,  before  that  time,  be 
elected.  They  hoped,  by  subjecting  their  opponents  to 
this  severe  physical  strain,  to  force  them  either  into 
voting  for  their  candidate,  or  into  some  compromise, 
from  which  they  hoped  to  reap  the  chief  benefit.  Feel 
ing  assured  that  they  could  not  win  in  a  fair  fight, 
they  were  willing  to  resort  to  any  stratagem.  Upon 
this  resolution,  the  author  of  it,  Mr.  Paine,  of  North 
Carolina,  called  for  the  previous  question.  Believing 
that,  under  the  dread  of  being  forced  into  a  continuous 
session  of  nearly  three  days  and  nights,  the  Republicans 
would  consent  to  a  compromise,  Mr.  Sneed,  of  Tennes 
see,  renewed  the  resolution  he  had  offered  with  refer 
ence  to  Mr.  Orr.  It  was  a  skilful  move,  but  was 
promptly  met  by  Mr.  Washburne,  of  Maine,  who  again 
moved  to  lay  the  whole  subject  on  the  table.  After 
some  disorderly  debate,  and  amidst  considerable  confu 
sion,  the  House  refused,  by  a  vote  of  100  yeas  to  101 
nays,  to  lay  the  resolution  of  Mr.  Sneed  on  the  table, 
Mr.  Colfax  and  the  Republicans  voting  "yea."  Mr. 
Washburne  then  demanded  the  yeas  and  nays  on  order- 


INTERESTING   DEBATE.  35 

ing  the  main  question  to  be  put ;  but  the  House,  by  a 
vote  of  92  yeas  and  106  nays,  refused  to  order  the  main 
question  "to  be  put  now," -Mr.  Colfax  and  the  Repub 
licans  voting  "  nay." 

Pending  the  call  of  the  roll,  Mr.  Colfax  rose  to  ex 
plain  his  reason  for  voting  nay,  and  said : 

"  Mr.  Clerk,  I  desire  to  state,  as  I  have  the  right 
to  do,  the  reasons  for  my  vote.  I  will  occupy  but  a 
few  moments. 

"  Mr.  Clingman. — I  will  make  the  point  of  order 
that,  in  a  proceeding  under  the  previous  question,  no 
debate  is  in  order. 

"  Mr.  Colfax. — In  answer  to  that  point  of  order,  I 
will  state  that  the  honorable  gentleman  from  Missis 
sippi  [Mr.  Quitman]  was  allowed  to  speak  in  regard 
to  a  question  which  was  not  pending,  during  a  call  of 
the  roll  on  the  recent  motion  to  lay  on  the  table. 

"  The  Clerk. — It  has  been  the  usage  to  allow  gentle 
men  to  explain  their  votes  during  the  call  of  the  roll, 
and  the  gentleman  will  proceed  with  his  remarks. 

'*  Mr.  Colfax. — Mr.  Clerk,  then,  if  I  am  in  order,  I 
desire  to  say  a  few  words,  not  so  much  to  the  House  as 
to  the  people,  who  are  anxiously  watching  every  move 
ment  here.  It  became  my  duty,  or  at  least  I  felt  it  to 
be  so,  a  week  since,  when  a  proposition  similar  to  the 
one  now  under  consideration  was  introduced,  to  set 
forth  what,  in  my  judgment,  would  be  the  legitimate 
results  of  the  adoption  of  that  resolution  by  this  body, 
and  I  predicted  then  that  if  the  gentleman  from  South 
Carolina  was  placed  in  the  chair  temporarily,  he  would 
be  retained  there  permanently.  The  gentleman  from 


36  LIFE   OF   SCHUYLER   GOLF  AX. 

Tennessee  [Mr.  Sneed]  again  presents  the  resolution 
this  evening.  He  is  a  Southern,  or,  as  it  is  generally 
called,  a  c  twelfth  section  American.'  I  immediately 
proposed,  as  I  did  on  a  former  occasion,  an  amend 
ment,  that  the  three  gentlemen  who  have  been  respect 
ively  voted  for  as  candidates  for  the  speakership  should 
be  invited  to  act  as  temporary  chairmen,  to  preside  al 
ternately  over  our  deliberations,  as  they  might  mutually 
agree,  until  a  Speaker  was  elected.  This,  in  my  opin 
ion,  was  as  magnanimous  as  could  be  claimed.  It  was 
a  proposition  from  the  majority  to  place  the  two  mi 
norities,  whose  united  vote  only  equals  ours,  each  upon 
an  equal  footing  with  the  Republicans ;  and  yet,  by  the 
sharp  tactics  of  my  friend  from  Tennessee,  it  was  re 
fused,  and  -no  vote  allowed  to  be  taken  upon  it,  he  first 
withdrawing  his  resolution,  which  caused  my  amend 
ment  to  fall  with  it,  and  then  reoffering  it,  and  calling 
the  previous  question  before  he  took  his  seat,  so  as  to 
cut  off  the  unpalatable  amendment. 

"  What  has  passed  in  this  Hall  for  the  past  few 
weeks,  Mr.  Clerk  ?  There  have  been  offered  from  this 
side  of  the  House,  at  five  several  times,  plurality  reso 
lutions,  as  means  by  which  this  entanglement  might 
,  promptly  be  settled,  and  an  organization  effected  with 
out  sacrifice  of  principle  by  any  one.  Who  were  the 
members  that  voted  them  down  ?  Gentlemen  say  that 
they  are  not  in  alliance  with  the  Democratic  party — 

"  Mr.  Sneed  (interrupting).  If  no  other  gentleman 
will,  I  will  call  the  gentleman  to  order.  I  called  for 
the  previous  question,  and  that,  I  think*,  cuts  off  all 
debate. 


INTERESTING   DEBATE.  37 

"  Mr.  Colfdx. — I  am  in  order.  I  have  but  a  few 
words  to  say,  and  I  insist  on  my  right  to  complete  my 
remarks. 

44  Mr.  Sneed. — I  insist  on  my  question  of  order. 

"The  Clerk. — The  practice  of  the  House  has  been  to 
allow  gentlemen,  during  a  vote,  to  explain  their  posi 
tion.  The  Clerk  submits  the  matter  to  the  House  for 
its  decision.  [Cries  of  4  Call  the  roll ! '  4  Go  on ! ' 
4  Hear  him  through  ! '] 

44  Mr.  Colfax. — Am  I  to  understand  that  I  am  ruled 
out  of  order  ? 

"  The  Clerk. — The  Clerk  simply  states  that  it  has 
been  the  practice  to  permit  gentlemen  to  explain  their 
votes  during  the  call  of  the  roll. 

u  Mr.  Colfax.— Then  I  will  proceed. 

44  Mr.  Sneed. — I  will  say-  with  great  respect,  that 
such  has  not  been  the  practice  on  motions  to  adjourn, 
or  on  ordering  the  main  question  to  be  now  put. 

"The  Clerk — It  has  been  indulged  on  motions  to  lay 
on  the  table,  and  also  on  motions  to  adjourn.  [Cries 
of  4  Go  ahead,  then  ! '] 

44  Mr.  Colfax. — I  will  now  proceed  with  my  remarks. 
We  have  offered  a  plurality  resolution  time  after 
time  on  this  side  of  the  House — the  same  kind  of  a 
resolution  under  which  the  distinguished  gentleman 
from  Georgia  [Mr.  Cobb]  was  elected  Speaker  of  the 
House.  Though  that  plurality  rule  once  inured  to  the 
advantage  of  the  Democratic  party,  a  change  has  now 
come  4  o'er  the  spirit  of  their  dream,'  and  it  is  now 
bitterly  opposed  by  that  same  party.  Again,  while 
they  profess  a  holy  horror  for  those  whom  they  call 


38  LIFE   OF   SCHUYLER   COLFAX. 

Know  Nothings,  yet,  sir,  they  exhibit  no  tenderness  of 
conscience,  no  coy  reluctance,  when  striking  palms 
with  a  view  to  make  war  against  a  foe  which  seems 
common  to  both,  which  is  pledged  and  resolved  to  use 
every  exertion  to  prevent  the  extension  of  Slavery,  and 
which  regards  the  great  issue  of  freedom  as  paramount 
to  all  others..  The  alliance  of  the  Democracy  and  the 
southern  Know  Nothings  on  the  votes  against  the 
•plurality  resolutions,  which  would  have  organized  this 
this  House  in  an  hour,  and  also  on  the  resolution  now 
pending  before  us,  is  as  perfect  as  that  between  Eng 
land  and  France.  Although  they  may  talk  of  the 
hereditary  hates  of  the  past,^  yet  in  act  and  deed  they 
are  now  in  offensive  and  defensive  alliance.  So,  in  act, 
and  vote,  and  deed,  do  these  minorities  war,  shoulder 
to  shoulder,  against  the  Republicans.  What  a  specta 
cle  is  presented  to  us  !  The  gentleman  from  Illinois 
[Mr.  Richardson,]  the  chosen  champion  of  the  Admin 
istration  members,  voting  with  the  gentleman  from 
Pennsylvania,  [Mr.  Fuller],  the  chosen  champion  of 
of  the  national  Americans ;  the  Democrats  and  the 
twelfth-section  Know  Nothings  side  by  side !  "We  see 
the  good-natured  gentleman  from  Philadelphia  [Mr. 
Florence]  voting  most  cordially  on  this  resolution  and 
the  plurality  rule  with  those  whom  he  has  called 
'Church-burners.1  We  see  the  gentleman  from  Phil 
adelphia,  his  colleague,  [Mr.  Cadwalader,]  voting 
with  those  who  he  says  are  guilty  of  rapine  and  of 
almost  every  other  crime  in  the  calendar.  And  so  on 
through  the  whole  roll-call,  we  see  the  gentlemen  who 
engaged  with  so  much  animation  in  a  battle  of  words 


SPEECH    OF   MIL  COLFAX.  39 

making  the  same  record  in  their  votes  on  all  the  reso 
lutions  which  look  toward  the  organization  of  the 
House. 

"  The  proposition  was  offered  by  Mr.  Sneed,  a 
twelfth-section  Know  Nothing,  that  Mr.  Orr  should  be 
selected  as  chairman  to  preside  over  our  deliberations 
until  a  Speaker  was  elected.  To  that  I  proposed  an 
amendment,  that  the  three  principal  candidates  for  the 
speakership  should  preside  temporarily,  each  in  his  turn. 
The  gentleman  from  Tennessee,  in  order  to  get  rid  of 
that  amendment,  withdrew  his  proposition,  and  with 
the  withdrawal  of  the  resolution  my  amendment  fell. 
Immediately  afterward  the  proposition  was  renewed 
by  him,  and  the  previous  question  called  on  it  before 
he  took  his  seat,  so  that  all  possibility  of  amendment 
was  cut  off.  We  all  know  very  well,  that  if  we  vote 
for  six  weeks  longer,  and  are  then  unable  to  elect  a 
Speaker,  it  would  be  easy  to  force  the  gentlemen  whose 
votes  will  place  Mr.  Orr  temporarily  in  the  chair,  into 
a  supposed  necessity  which  will  justify  them,  though 
it  will  not  justify  any  on  this  side  of  the  House, 
in  continuing  the  gentleman  from  South  Carolina 
[Mr.  Orr]  in  that  position  permanently.  I  have  in 
deed  been  told  by  distinguished  men  of  his  own  party, 
and  I  state,  in  confirmation  of  my  prediction  the  other 
day,  that  if  once  put  in  the  chair,  they  would  in 
sure  that  he  could  not  be  ousted,  but  that  he  would 
remain  there  until  the  end  of  the  session.  After  all 
this  contention  of  words,  this  apparent  hostility  in  be- 
bate,  it  appears,  if  the  recent  vote  is  a  test,  that  this 
drama  is  to  close  by  a  coalition  between  the  two  par- 


40  LIFE   OF   SCHUYLER   COLFAX. 

ties  who  are  and  have  been  pretending  to  war  against 
each  other — a  coalition  which  is  to  fill  the  Speaker's 
chair  with  a  gentleman  acceptable  to  both  of  them,  and 
to  end  this  contest  by  a  fusion  of  parties,  who  assume 
to  be  hostile,  but  who,  recognizing  Slavery  as  the  great- 
,est  of  all  other  issues,  join  their  exertions  to  achieve  a 
victory  over  the  party  of  freedom. 

"  Mr.  Davidson. — Mr.  Clerk,  the  gentleman  from 
Indiana  [Mr.  Colfax]  saw  fit  to  speak  to  the  House 
and  the  country  of  the  extraordinary  spectacle  present 
ed  here  of  the  combination  between  the  Democratic 
and  the  American  or  Know  Nothing  party ;  and  he  in 
dividualized  the  instances  of  the  gentleman  from  Penn 
sylvania  [Mr.  Cadwalder]  and  the  honorable  gentle- 
man  from  Georgia  [Mr.  Cobb],  and  he  observed  thai 
there  was  a  collusion  between  the  Democratic  party 
and  the  Native  American  or  Know  Nothing  party.  1 
wish  to  ask  that  gentleman  whether,  to-night,  he,  Black 
Republican  as  he  is,  has  not  been  voting  all  the  time 
with  Mr.  Cobb  and  Mr.  Cadwalader  against  adjourn 
ments  ?  If  there  is  collusion  on  the  one  side,  there  is 
collusion  on  the  other. 

"  Mr.  Colfax. — I  will  answer  the  gentleman  with 
great  pleasure. 

"  Mr.  Davidson. — I  have  only  ten  minutes.  The  gen 
tleman  can  get  the  floor  when  I  have  concluded.  There 
is  another  extraordinary  spectacle  presented.  We  find 
Mr.  Banks,  of  Massachusetts,  a  member  of  the  Repub 
lican  party,  and  a  candidate  for  the  speakership, 
voting  on  every  incidental  question  of  order  or  other 
wise,  to  add  to  the  number  of  votes ;  but  when  it  comes 


BOLDNESS   OF   MB.  COLFAX.  41 

to  the  vote  for  the  officer,  to  preside  over  deliberations, 
he  has  the  magnanimity  to  give  himself  a  half  a  vote 
by  not  voting  at  all.  [Laughter.]  That  is  the  posi 
tion  of  that  gentleman.  The  gentleman  from  South 
Carolina  [Mr.  Orr]  votes  on  all  propositions. 

"  Mr.  Colfa.x. — I  wish  to  say  that  I  expect  to  vote 
with  the  gentleman  from  Georgia  [Mr.  Cobb]  on  a 
great  many  appropriation  bills,  and  a  variety  of  other 
appropriations  involving  no  principle ;  but  on  the  or 
ganization  of  this  House  and  questions  affecting  Slavery, 
directly  or  indirectly,  I  do  not  intend  or  expect  to  vote 
with  that  gentleman." 

The  measure  was  thus  defeated  again,  but  was 
revived  in  another  form  during  the  evening  by  a  reso 
lution  of  Mr.  Paine,  of  North  Carolina,  to  make  the 
Hon.  "Wm.  A.  Smith,  of  that  State,  the  temporary 
chairman,  but  this  resolution  was  promptly  voted  down. 

Throughout  the  whole  contest,  Mr.  Colfax  was  con 
stantly  on  the  alert,  proving  himself  a  formidable  an 
tagonist  to  those  who  encountered  him  in  debate.  He 
boldly  and  uncompromisingly  maintained  the  position 
that  as  the  Republicans  held  a  majority  in  the  House, 
over  the  Democrats  and  "  Americans,"  they  were  en 
titled  to  the  Speaker,  and  that  they  meant  to  have  him. 
This  declaration  gave  great  offence,  of  course,  to  the 
Administration  party,  and  aided  not  a  little  in  cheering 
the  Republicans  through  the  long  and  trying  struggle. 

While  winning  the  reputation  of  a  formidable  ene 
my,  Mr.  Colfax  could  also  show  that  he  was  a  generous 
and  devoted  friend.  On  the  26th  of  December,  1855, 
Mr.  A.  K.  Marshall  attempted  to  injure  Mr.  Banks' 


42  LIFE   OF   SCHUYLER   GOLF  AX. 

chances  for  the  speakership  by  vaguely  intimating  that 
he  knew  of  certain  acts  of  Mr.  Banks,  so  damaging  to 
the  character  of  that  gentleman  as  to  "prevent  any 
honorable  man  of  any  party  from  continuing  to  give 
his  vote  "  for  him.  Mr.  Marshall  refused  to  enter  into 
the  details  of  the  charges  to  which  he  referred,  and  con 
fined  himself  to  vague  and  mysterious  insinuations,  by 
which  he  meant  to  intimate  that  Mr.  Banks  was  in 
the  habit  of  becoming  grossly  intoxicated  in  public. 
Mr.  Banks  was  a  personal  friend  of  Mr.  Colfax,  and 
the  latter,  filled  with  indignation  at  the,  to  say  the  least, 
very  questionable  attack  of  Mr.  Marshall,  rose  and  said : 
"  I  think  the  time  of  the  House  could  be  morn 
profitably  spent  than  in  the  questioning  and  cross-ques 
tioning  that  has  gone  on  this  morning.  The  gentleman 
from  Kentucky,  and  other  gentlemen  upon  this  floor, 
have  this  morning  indulged  in  some  dark  and  vague 
insinuations  as  to  the  character  of  the  gentleman  for 
whom  I  have  been  voting  for  Speaker  upon  this  floor ; 
but  that  gentleman  on  this,  as  on  all  other  occasions, 
has  triumphantly  vindicated  himself  from  the  insin 
uations;  like  true  gold,  the  more  he  is  rubbed,  the 
brighter  he  shines.  And,  jsir,  all  attacks  made  upon 
his  character,  panoplied  as  he  has  shown  himself  to  be 
in  an  armor  of  rectitude,  will  fall  harmless  upon  his 
unstained  escutcheon.  Sir,  this  House  is  not  the  place 
for  the  investigation  of  idle  rumors  of  the  bar-room. 
Sir,  I  might  put  questions  to .  certain  gentlemen  upon 
this  floor.  All  kinds  of  rumors  have  been  current  in 
this  city.  I,  too,  have  heard  idle  rumors,  but  I  have 
not  considered  this  the  place  for  their  investigation, 


ORGANIZATION   OF  THE   HOUSE.  43 

nor  did  I  consider  them  worthy  of  serious  consider 
ation,  and  I  have  not  therefore  noticed  them." 

But  the  contest,  memorable  and  protracted  though 
it  was,  at  length  closed,  and  the  Republican  party 
triumphantly  carried  to  the  Speaker's  chair  the  candi 
date  for  whom,  as  the  exponent  of  principles  dearer  to 
them  than  life,  they  had  so  bravely  struggled ;  and  in 
the  rejoicings  which  went  up  from  all  parts  of  the 
North  and  West  over  the  great  victory,  no  name  was 
mentioned  more  gratefully  for  service  rendered  the 
good  cause,  than  that  of  SCHUYLER  COLFAX. 

After  the  election  of  Mr.  Banks,  the  business  of 
the  House  went  on  smoothly.  The  first  resolution  of 
fered  by  Mr.  Colfax  in  the  regular  session,  was  pre 
sented  by  him  on  the  28th  of  February,  when,  by 
unanimous  consent,  and  in  pursuance  of  previous 
notice,  he  introduced  a  bill  making  an  appropriation 
for  continuing  the  improvement  of  the  harbor  of  refuge 
and  commerce  at  Michigan  City,  on  Lake  Michigan, 
and  for  the  construction  of  a  breakwater  thereat; 
which  was  read  a  first  and  second  time  by  its  title, 
and  referred  to  the  Committee  on  Commerce.  Mr, 
Colfax  had  interested  himself  heartily  in  this  measure, 
feeling  convinced  of  the  necessity  for  the  appropriation, 
and  on  the  llth  of  August,  1856,  near  the  close  of  the 
session,  he  moved  that  the  Committee  of  the  Whole, 
to  w^hom  the  Bill,  as  reported  from  the  Committee  on 
Commerce,  had  been  referred,  be  discharged  from 
the  further  consideration  of  it.  Mr.  Letcher,  of  Vir 
ginia,  objected  to  this,  when  Mr.  Colfax  said : 

u  I  move,  then,  that  the  rules  be  suspended,  in  order 


44  LIFE   OF   SCHUYLEU   COLFAX. 

that  the  Committee  of  the  Whole  may  be  discharged 
from  the  further  consideration  of  this  bill,  so  that  it 
may  be  put  on  its  passage  now.  I  know  debate  is 
not  in  order,  and  there  is  great  reluctance  to  suspend 
the  rules  during  the  closing  period  of  the  session  for 
any  special  bill  out  of  a  general  class ;  but  I  wish  to  say 
this  is  the  only  harbor  appropriation  asked  for  by  the 
State  of  Indiana ;  that  it  is  strongly  recommended  as 
of  vital  importance  as  a  harbor  of  refuge  by  petitions 
from  various  important  points  on  the  lake ;  and  that 
it  is  indorsed  by  the  joint  resolutions  of  the  Indiana 
Legislature,  which  I  hold  in  my  hand.  - 

"  MR.  McMuLLiN,  (of  Va.)  Is  it  in  order  to  move 
that  the  rules  be  suspended,  and  that  the  House  resolve 
itself  into  the  Committee  of  the  Whole  on  the  State  of 
the  Union  ? 

"  THE  SPEAKER.  Not  while  the  motion  of  the  gentle 
man  from  Indiana  to  suspend  the  rules  is  pending. 

"  MR.  MqMuLLiN.  I  hope  the  motion  will  be  voted 
down,  and  the  House  will  go  into  Committee  on  the 
Appropriation  Bills. 

"  MR.  COLFAX.  I  demand  the  yeas  and  nays  on  the 
motion  to  suspend  the  rules. 

"  The  yeas  and  nays  were  ordered. 

"  The  question  was  taken  ;  and  it  was  decided  in 
the  negative,  yeas  110,  nays  56. 

"So  the  rules  were  not  suspended,  two-thirds  not 
voting  in  the  affirmative." 

Not  disheartened,  however,  Mr.  Colfax  offered  the 
bill,  which  failed  to  pass  at  this  session,  again  on  the 
4th  of  January,  1858.  Mr.  Smith,  of  Virginia,  objecting, 


LAKE   MICHIGAN   HARBOR  BILL.  45 

however,  it  was  thrown  out ;  but  on  being  presented 
again  on  the  18th,  it  was  read  a  first  and  second  time, 
and  referred  to  the  Committee  on  Commerce,  and  its 
author  at  length  had  the  satisfaction  of  seeing  it 
passed. 


CHAPTER  III. 

The  Troubles  in  Kansas — History  of  the  Territory — Efforts  to  Organize 
it  defeated  by  the  South — The  Kansas-Nebraska  Bill— Its  true  Char 
acter — Repeal  of  the  Missouri  Compromise — History  of  the  Measure 
in  Congress— The  Efforts  of  the  Free  Soil  Members  defeated— How 
the  Bill  was  passed — Opening  of  the  Territory — Organization  and 
Outrages  of  the  Border  Ruffians — Emigration  to  the  Territory — The 
War  on  the  Free  State  Men — History  of  the  Troubles  in  the  Terri 
tory — Outrages  of  the  Bogus  Government  and  its  Officials — The 
Sacking  of  Lawrence — Laws  of  the  Bogus  Legislature — Efforts  of  the 
Free  Soil  Men  to  locate  a  State  Government — The  Border  War — The 
Case  laid  before  Congress — Report  of  the  Committee — Noble  Speech 
of  Mr.  Colfax  in  behalf  of  the  Free  Settlers— The  Ball  and  Chain- 
Thrilling  Scene  in  the  House. 

WHEN  the  Thirty-Fourth  Congress  assembled,  a 
matter  of  grave  importance  was  at  once  presented  to 
it,  which  was  the  condition  of  affairs  in  the  Territories 
of  Kansas  and  Nebraska.  In  order  to  make  the  neces 
sity  for  Congressional  interference  plain  to  those  of  our 
readers  who  may  not  be  familiar  with  the  occurrences 
of  that  day,  it  will  be  necessary  to  present  here  a  brief 
account  of  the  troubles  in  Kansas ;  and  in  order  that 
the  narrative  may  be  complete,  it  is  our  purpose  to  ex 
tend  it  to  the  admission  of  Kansas  in  1861. 

Until  the  year  1850,  the  vast  region  lying  between 
the  western  and  northwestern  borders  of  Missouri  and 
the  Hocky  Mountains,  was  called  by  the  general  and 
somewhat  indefinite  name  of  "  the  Platte  country,"  the 
name  being  derived  from  the  Platte  Kiver,  which  flows 


EARLY   HISTORY  OF   KANSAS.  47 

through  the  principal  part  of  this  section.  It  was 
known  to  be  a  region  of  vast  fertility,  and  great  min 
eral  wealth.  Across  it  swept  the  grand  trails  of  the 
overland  route  to  the  Pacific,  and  the  only  highway  to 
Utah ;  and  it  was  believed  by  those  who  ventured  to 
look  into  the  future  of  the  country,  that  this  would  one 
day  be  among  the  most  valuable  portions  of  our  terri 
tory.  At  that  time,  however,  the  eastern  portion  of 
this  region  was  covered  by  Indian  reservations ;  and 
these  reservations  were,  by  the  terms  of  our  treaties 
with  the  tribes  occupying  them,  closed  against  all  white 
settlers. 

To  the  people  of  the  overcrowded  Eastern  States 
this  fair  region  seemed  a  very  "Land  of  Promise,11 
which  needed  only  their  energy  and  industry  to  become 
the  seat  of  a  mighty  empire ;  and  it  gradually  came  to 
pass  that  the  people  of  New  England  and  the  Middle 
States  determined  to  colonize  this  region  as  soon  as  it 
could  be  legally  done. 

As  early  as  the  first  session  of  the  Thirty-Second 
Congress,  petitions  were  presented  to  that  body  for 
the  organization  of  this  region ;  but  they  failed  to  re 
ceive  any  attention  until  the  13th  of  December,  1852, 
when  Mr.  Hall,  of  Missouri,  presented  in  the  House  a 
bill  for  the  organization  of  the  "  Territory  of  Platte,11 
which  embraced  the  country  referred  to.  It  was  re 
ferred  to  the  Committee  on  Territories,  which,  on  the 
2d  of  February,  1853,  through  its  chairman,  Mr.  W. 
A.  Richardson,  of  Illinois,  reported  a  bill  organizing 
the  " Territory  of  Nebraska"  covering  the  same  area 
mentioned  in  Mr.  Hall's  bill.  This  bill  was  referred 


48  LIFE   OF   SCHUYLER   COLFAX. 

to  the  Committee  of  the  Whole,  where  it  was  opposed 
by  the  full  strength  of  the  South.  The  Committee  of 
the  Whole  reported  it  to  the  House,  with  a  recom 
mendation  that  it  be  rejected.  When  it  came  before 
the  Jlouse,  Mr.  Letcher,  of  Virginia,  moved  that  it  be 
laid  on  the  table  ;  but  his  motion  was  lost  on  a  call 
of  the  yeas  and  nays,  and  the  bill,  after  being  engrossed 
and  read  a  third  time,  was  finally  passed  by  a  vote  of 
98  to  43,  and  sent  to  the  Senate. 

The  bill,  as  passed  by  the  House,  was  presented  to 
the  Senate  on  the  llth  of  February,  1853,  and  was  at 
once  referred  to  the  Committee  on  Territories.  On  the 
17th  of  the  same  month,  the  chairman  of  this  commit 
tee,  Senator  Douglas,  reported  it  to  the  Senate  without 
amendment. 

It  was  well  known  that  the  measure  would  meet 
with  the  unyielding  opposition  of  the  pro-Slavery  ele 
ment  in  the  Senate,  inasmuch  as  the  new  Territory  was 
to  be  devoted  to  "  free  labor,"  for  which  alone  it  was 
suited.  No  movement  to  colonize  it  had  been  set  on 
foot,  or  was  even  thought  of,  in  the  South  ;  but  it  was 
well  known  that  nine-tenths  of  the  emigrants  would 
come  from  the  Free  States,  and  would  naturally  desire 
to  have  free  institutions  in  their  new  homes.  Notwith 
standing  this,  however,  the  pro- Slavery  men  were  de 
termined  that  those  who  were  to  bear  the  brunt  of  the 
task  of  settling  the  new  Territory  should  be  forced  to 
submit  to  a  system  they  despised ;  they  were  deter 
mined  that  the  new  Territory  should  be  "  Slavehold- 
ing,"  or  that  it  should  not  be  organized  ;  so,  when  Mr. 
Douglas  called  up  the  bill  on  the  2d  of  March,  1853, 


THE   MEASURE   OPPOSED   BY  THE   SOUTH.  49 

the  last  day  but  one  of  the  session,  the  Senate  refused 
to  consider  it  by  a  vote  of  20  yeas  to  25-  nays.  He 
tried  to  call  it  it  up  again  the  next  day ;  but  Senator 
Borland,  of  Arkansas,  moved  to  lay  it  on  the  table, 
which  motion  prevailed  by  a  vote  of  23  yeas  to  17 
nays.  The  session  closed  the  next  day;  so  the  bill 
was  lost  for  the  time,  and  one  of  the  fairest  sections  of 
the  country  allowed  to  remain  a  wilderness,  through 
the  blind  folly  of  the  Slaveholding  interest.  The  only 
pro-Slavery  Senators  who  favored  the  bill  were  those 
from  Missouri.* 

The  subject  was  revived  at  the  first  session  of  the 
Thirty-third  Congress,  by  Senator  Dodge,  of  Iowa, 
who,  on  the  14th  of  December,  1853,  presented  a  bill 
to  the  Senate,  to  organize  the  Territory  of  Nebraska, 
the  area  to  be  covered  being  the  same  as  in  the  other 
bills.  It  was  referred  to  the  Territorial  Committee, 
and  on  the  4th  of  January,  1854,  reported  to  the  Sen 
ate,  with  amendments,  by  Senator  Douglas.  Judge 
Douglas  had  the  bill  recommitted,  and  on  the  23d  of 
January  reported  it  back  to 'the  Senate  with  some  im 
portant  alterations. 

The  reader  will  remember  that  by  the  terms  of  the 
Missouri  Compromise,  that  part  of  the  territory  of  the 
Union  lying  north  of  36  degrees  30  minutes  north 
latitude,  was  forever  closed  against  the  admission  of 

*  Should  any  reader  doubt  that  there  was  a  preconcerted  determina 
tion,  on  the  part  of  the  Southern  Senators,  to  oppose  the  organization  of 
a  new  Free  Territory,  let  him  read  the  speech  of  Senator  Atchison,  of 
Missouri,  on  the  subject,  delivered  in  the^  Senate,  December  15th,  1852, 
in  which  he  will  find  a  distinct  intimation  by  the  Senator  that  he  was 
aware  of  such  an  arrangement,  but  had  no  faith  in  it. 
4 


50  LIFE  OF   SCHUYLER   COLFAX. 

Slavery,  and  the  faith  of  the  whole  country  was  sol 
emnly  pledged  to  the  observance  of  this  compact.  The 
new  Territory  of  Nebraska  lay  entirely  north  of  this 
line,  and  was  by  the  terms  of  the  "  Compromise,"  as 
well  as  by  Nature,  dedicated  to  free  labor.  The  honor 
of  the  nation  had  been  pledged  that  Slavery  should 
never  enter  it.  The  bill  reported  by  Judge  Douglas 
was  entirely  silent  on  the  subject  of  repealing  the  Mis 
souri  Compromise,  by  which  course  alone  Slavery  could 
be  admitted  to  the  Territory,  and  the  great  mass  of  the 
American  people  never  supposed  for  a  moment  that 
any  one  would  ever  dare  to  repeal  a  law  which  had 
done  so  much  to  give  peace  and  quiet  to  the  country. 
They  were  terribly  startled  and  profoundly  shocked, 
however,  when,  on  the  16th  of  January,  1854,  Senator 
Dixon,  of  Kentucky,  gave  notice  that,  whenever  the 
Nebraska  Bill  should  be  called  up,  he  would  move  the 
following  amendment : 

"•SEC.  22.  And  be  it  further  enacted,  That  so  much 
of  the  8th  Section  of  an  act  approved  March  6th,  1820, 
entitled  '  An  Act  to  authorize  the  people  of  the  Mis 
souri  Territory  to  form  a  Constitution  and  State  Gov 
ernment,  and  for  the  admission  of  such  State  into  the 
Union  on  an  equal  footing  with  the  original  States, 
and  to  prohibit  Slavery  in  certain  Territories,'  as  de 
clares  '  That,  in  all  that  territory  ceded  by  France  to 
the  United  States,  under  the  name  of  Louisiana,  which 
lies  north  of  36  degrees  30  minutes  north  latitude, 
Slavery  and  involuntary  servitude,  otherwise  than  in 
the  punishment  of  crirries  whereof  the  party  shall  have 
been  duly  convicted,  shall  be  forever  prohibited,1  shall 


THE   KANSAS-NEBRASKA  BILL.  51 

not  be  so  construed  as  to  apply  to  the  Territory  con* 
templated  by  this  act,  or  to  any  other  Territory  of 
the  United  States  ;  but  that  the  citizens  of  the  several 
States  or  Territories  shall  be  at  liberty  to  take  and 
hold  their  slaves  within  any  of  the  Territories  or 
States  to  be  formed  therefrom,  as  if  the  said  act, 
entitled  as  aforesaid,  had  never  been  passed." 

This  was  a  distinct  and  deliberate  repudiation  of 
the  vital  points  of  the  Missouri  Compromise.  It  did 
not  repeal,  or  attempt  to  repeal  that  instrument,  but 
boldly  and  recklessly  repudiated  it,  and  it  is  hard  to 
say  who  were  the  most  surprised  at  it,  the  Democrats 
or  Free  Soil  men.  One  of  the  Democratic  papers  of 
"Washington  at  first  denounced  it  as  "a  Whig  device 
to  divide  and  disorganize  the  Democratic  party."  Mr. 
Dixon  was  evidently  considerably  in  advance  of  his 
party,  but  it  was  not  long  before,  unheeding  the  indig 
nation  of  the  North  at  this  shameless  offer  to  repu 
diate  the  plighted  honor  of  the  nation,  they  came  up 
to  his  support 

In  an  evil  hour  for  himself  and  for  the  country, 
Senator  Douglas  decided  to  embrace  in  his  bill  the 
main  features  of  Mr.  Dixon's  amendment.  This  bill, 
which  he  reported  to  the  Senate  on  the  23d  of  January, 
1854,  was  very  different  from  that  which  he  had 
originally  reported.  Instead  of  providing  for  the  or 
ganization  of  the  single  Territory  of  Nebraska,  it  pro 
posed  to  divide  the  region  referred  to,  into  two  Ter 
ritories.  The  southern  portion,  which  lay  directly 
west  of  Missouri,  stretching  to  the  Rocky  Mountains, 
on  the  west,  and  extending  from  north  latitude  37 


52  LIFE   OF   SCHUYLER   COLFAX. 

degrees,  to  the  southern  boundary  of  Nebraska  (40  de 
grees  north  latitude),  was  to  be  organized  into  a 
distinct  Territory,  to  be  called  Kansas.  The  remainder 
was  to  be  called  Nebraska,  having  the  line  of  43  de 
grees  30  minutes  for  its  northern  boundary. 

On  the  subject  of  Slavery,  the  bill  contained  the 
following  provisions : 

"SEC.  21.  And  be  it  further  enacted,  That,  in 
order  to  avoid  all  misconstruction,  it  is  hereby  declared 
to  be  the  true  intent  and  meaning  of  this  act,  so  far  as 
the  question  of  Slavery  is  concerned,  to  carry  into 
practical  operation  the  following  propositions  and 
principles,  established  by  the  Compromise  measures  of 
one  thousand  eight  hundred  and  fifty,  to  wit : 

"  First.  That  all  questions  pertaining  to  Slavery 
in  the  Territories,  and  in  the  new  States  to  be  formed 
therefrom,  are  to  be  left  to  the  decision  of  the  people 
residing  therein,  through  their  appropriate  representa 
tives. 

"  Second.  That  all  cases  involving  title  to  Slaves, 
and  questions  of  personal  freedom,  are  referred  to  the 
adjudication  of  the  local  tribunals,  with  the  right  of 
appeal  to  the  Supreme  Court  of  the  United  States. 

"  Third.  That  the  provisions  of  the  Constitution 
and  laws  of  the  United  States,  in  respect  to  fugitives 
from  service,  are  to  be  carried  into  faithful  execution 
in  all  the  c  organized  Territories,'  the  same  as  in  the 
States." 

The  section  which  prescribed  the  qualifications  and 
mode  of  election  of  a  delegate  from  each  of  the  Ter 
ritories  to  Congress,  read  originally  as  follows : 


THE   BILL   IN   THE  SENATE.  53 

"The  Constitution,  and  all  laws  of  the  United 
States  which  are  not  locally  inapplicable,  shall  have  the 
same  force  and  effect  within  the  said  Territory  as  else 
where  in  the  United  States." 

The  new  bill  cQiitained  the  following  important 
amendment,  which  was  tacked  on  to  the  clause  given 
above. 

"  Except  the  section  of  the  act  preparatory  to  the 
admission  of  Missouri  into  the  Union,  approved 
March  6th  1820,  which  was  -superseded  by  the  prin 
ciples  of  the  Legislation  of  1850,  commonly  called  'the 
Compromise  measures,  and  is  declared  inoperative? 

Mr.  Dixon  declared  that  the  bill  in  its  amended 
form  met  with  his  hearty  approval,  and  that  he  would 
support  it  with  all  his  ability.  The  bill  came  before  the 
Senate  for  discussion  on  the  24th.  It  was  opposed  by 
all  the  Free  Soil  Senators,  and  supported  by  the  pro- 
Slavery  Senators.  The  debate  lasted  several  weeks, 
and  was  one  of  the  ablest  ever  heard  in  the  Senate. 

On  the  6th  of  February,  Mr.  Chase,  of  Ohio, 
moved  to  strike  out  so  much  of  the  bill  as  declares  the 
Missouri  Compromise  "  superseded  "  by  the  Compro 
mise  of  1850,  but  the  motion  was  defeated  by  a  vote 
of  30  nays  to  13  yeas.  Whereupon,  Mr.  Douglas,  on 
the  15th  of  February,  moved  to  strike  out  the 
clause  objected  to  by  Mr.  Chase,  and  insert  the  fol 
lowing  : 

"  Which  being  inconsistent  with  the  principle  of 
non-intervention  by  Congress  with  Slavery  in  the 
States  and  Territories,  as  recognized  by  the  legislation 
of  1850  (commonly  called  the  Compromise  measures), 


54  LIFE   OF   SCHTJTLER   COLFAX. 

is  hereby  declared  inoperative  and  void ;  it  being  the 
true  intent  and  meaning  of  this  act  not  to  legislate 
Slavery  into  any  Territory  or  State,  nor  to  exclude  it 
therefrom,  but  to  leave  the  people  thereof  perfectly 
free  to  form  and  regulate  their  domestic  institutions  in 
their  own  way,  subject  only  to  the  Constitution  of  the 
United  States." 

This  amendment  was  promptly  adopted,  by  a  vote 
of  35  yeas  to  10  nays.  On  its  face  the  amendment 
seemed  fair  enough,  but  its  hollowness  was  exposed  by 
Judge  Chase,  who  proposed  to  add  this  clause  to  it  on 
the  2d  of  March: 

'  "  Under  which  the  people  of  the  Territories,  through 
their  appropriate  representatives,  may,  if  they  see  fit, 
prohibit  the  existence  of  Slavery  therein" 

The  amendment  was  promptly  voted  down  by  36 
nays  to  10  yeas,  the  Senate  thus  deliberately  voting 
that  the  people  of  the  Territory  should  not  exercise  a 
right  which  they  had  guaranteed  them  in  Mr.  Doug- 
las'  amendment  given  above. 

The  bill,  after  some  further  amendments  in  the  in 
terest  of  Slavery,  was  passed  at  a  late  hour  on  the 
night  of  the  3d  of  March,  by  a  vote  of  yeas  37,  nays 
14,  and  sent  to  the  House. 

Mr.  Richardson,  Chairman  of  the  Committee  on 
Territories,  had  reported  a  bill  in  the  House  on  the 
31st  of  January,  which  was  very  nearly  a  copy  of  that 
reported  by  Mr.  Douglas  in  the  Senate,  but  this  was 
not  taken  up  by  the  House  until  the  8th  of  May,  and 
then  only  to  enable  the  friends  of  the  measure  to  move 
the  Senate  bill  as  amendment  to  it.  The  manner  in 


HOW   THE    BILL    WAS    PASSED.  55 

which  this  bill  was  passed,  is  thus  graphically  described 
by  Mr.  Greeley : 

"  There  was  a  violent  struggle  in  the  House  for 
and  against  closing  the  debate  on  this  measure,  and  it 
was  finally  agreed  that  said  debate  should  terminate 
on  Saturday  (May  20th),  And  now  Mr.  Alexander 
H.  Stephens,  of  Georgia,  originated,  and  was  enabled 
to  execute  a  parliamentary  manoeuvre,  which,  if  recog 
nized  as  legitimate,  must  prove  an  important  aid  to 
party  despotism,  and  a  screen  to  vicious  legislation 
through  all  future  time.  The  right  of  a  majority  to 
prescribe  a  reasonable  limit  to  discussion — to  afford 
fair  opportunity  for  debate,  but  insist  that  it  shall 
close  after  a  definite,  and  not  too  distant  day  and 
hour — has  become  a  part  of  our  parliamentary  law. 
But  the  right  of  a  minority  to  seek  to  improve  what 
it  deems  a  vicious  and  mistaken  measure — to  soften, 
if  it  may,  objectionable  features  which  it  is  unable 
wholly  to  remove — is  still  sacred  ;  and  it  has  accord 
ingly  been  established,  after  much  experience  of  the 
evils  of  the  opposite  rule,  that  even  a  vote  of  the 
House,  enforcing  the  Previous  Question  on  a  reluctant, 
struggling  minority,  does  not  cut  off  amendments 
which  may  have  already  been  proposed,  but  only  ar 
rests  debate,  and  brings  the  House  to  vote  successively 
on  all  the  propositions  legitimately  before  it,  including, 
it  may  be,  the  engrossment  of  the  bill.  But  Mr. 
Stephens,  when  the  hour  for  closing  the  debate  in 
Committee  had  arrived,  moved  that  the  enacting  clause 
of  the  bill  be  stricken  out,  which  was  carried  by  a  pre 
concerted  and  uncounteracted  rally  of  the  unflinching 


56  LIFE   OF   SCHUYLER   COLFAX. 

friends  of  the  measure.  Of  course,  all  pending  amend 
ments  were  thus  disposed  of,  the  bill  being  reported 
as  dead.  Having  thus  got  the  bill  out  of  Committee, 
and  before  the  House,  Messrs.  Stephens  &  Co.  voted 
not  to  agree  to  the  report  of  the  Committee  of  the  Whole, 
thus  bringing  the  House  to  an  immediate  vote  on  the 
engrossment  of  the  bill.  Mr.  Richardson  now  moved 
an  amendment  in  the  nature  of  a  substitute  (being,  in 
effect,  the  Senate's  bill),  and  thereupon  called  the  pre 
vious  question,  which  was  seconded:  yeas,  116,  nays, 
90 ;  when  his  amendment  was  adopted — yeas,  115  ; 
nays,  95 — the  bill  ordered  to  be  engrossed,  yeas,  112 ; 
nays,  99 — the  previous  question  again  ordered  and 
sustained,  and  the  bill  finally  passed,  yeas,  113,  nays, 
100.  Thus  the  opponents  of  the  measure  in  the 
House  were  precluded  from  proposing  any  amend 
ments  or  modifications  whatever,  when  it  is  morally 
certain,  that  had  they  been  permitted  to  do  so,  some 
such  amendment  as  Governor  Chase's  or  Mr.  English's 
would  have  been  carried. 

"The  Free  States  contributed  44  votes — all  cast 
by  Democrats — to  the  support  of  this  measure.  From 
the  Slave  States,  12  Whigs  and  57  Democrats  sustained 
it.  Against  it  were  91  members  from  the  Free  States, 
of  whom  44  were  chosen  as  Whigs,  3  as  "  Free  Soil" 
proper,  and  44  as  Democrats.  So,  that  precisely  as 
many  Democrats  from  Free  States  voted  for,  as  against 
the  final  passage  of  the  Nebraska  bill.  Only  9  mem 
bers  from  the  Slave  States  opposed  it,  of  whom  but 
two  had  been  regarded  as  Democrats ;  and  of  these 
Colonel  Benton  was  not  so  regarded  thereafter.  Of 


OPENING   OP   THE   TERRITORIES.  57 

the  Whigs  who  so  voted,  but  two  were  returned  to  the 
next  House. 

"  The  bill  had  thus  passed  the  House  in  form,  as 
an  original  measure  of  that  body,  although  it  was  in 
essence  the  amended  Senate  bill.  Being  sent  to  the 
Senate  as  such,  an  attempt  to  amend  it  was  voted 
down,  and  the  bill  ordered  to  be  engrossed  by  35  yeas 
to  13  nays.  It  was  immediately  passed,  and  being  ap 
proved  by  President  Pierce,  became  a  law  of  the 
land."  * 

Thus  the  issue  was  joined  in  the  Territories.  The 
Missouri  Compromise  had  settled  the  vexed  question 
of  Slavery  in  the  Territories,  by  positively  prohibiting 
it  in  Kansas  and  Nebraska,  but  the  Thirty-Third  Con 
gress,  by  repealing  that  instrument,  had  opened  the 
door  to  a  bloody  and  bitter  conflict  between  Slavery 
and  Free  Labor.  The  events  now  to  be  related  were 
the  logical  consequences  of  that  repeal,  and  upon  the 
heads  of  those  who  voted  for  the  Nebraska- Kansas 
Bill,  must  forever  rest  the  responsibility  for  ,the  trou 
bles  that  followed  it. 

A  few  months  before  the  final  passage  of  the 
Kansas-Nebraska  Bill,  the  Government  succeeded  in 
forming  treaties  with  tha  Indians,  by  which  they  were 
removed  from  the  Eastern  frontiers  of  those  Territories, 
and  sent  farther  West.  This  at  once  threw  open  this 
section  to  white  settlers,  and  measures  were  set  on  foot 
in  New  England  to  encourage  emigration  thither.  Be 
fore  these  measures  could  amount  to  anything,  how 
ever,  the  Missourians  living  on  the  Kansas  border 
*  Greeley's  American  Conflict,  Vol.  L,  pp.  233,  234 


58  LIFE   OF   SCHUYLER   GOLF  AX. 

passed  over  into  the  Territory,  and  selecting  the  best 
lands  put  their  mark  upon  them,  by  which  they  hoped 
to  establish  a  pre-emption  claim  to  them.  Their 
object  was  to  hold  and  organize  the  Territory  in  the 
interest  of  Slavery,  and  they  wrere  not  particular  as  to 
the  manner  in  which  they  did  it.  Very  few  of  them 
pretended  to  settle  on  the  lands  they  claimed,  but  the 
majority  returned  to  their  homes  in  Missouri,  where 
they  organized  themselves  into  Societies  called  "  Blue 
Lodges,"  "  Social  Bands,"  "  Sons  of  the  South,"  &c., 
the  objects  of  which  may  be  seen  from  the  following 
resolutions  passed  at  one  of  their  meetings : 

"Resolved,  That  we  will  afford  protection  to  no 
Abolitionist  as  a  settler  of  this  Territory. 

"Resolved,  That  we  recognize  the  institution  of 
Slavery  as  already  existing  in  this  Territory,  and 
advise  Slaveholders  to  introduce  their  property  as 
early  as  possible." 

Soon  after  the  passage  of  these  resolves,  it  became 
known  in  Kansas  that  large  parties  of  emigrants  were 
coming  there  from  New  England  to  settle  the  Ter 
ritory,  and  make  it  a  Free  State.  Very  few  Southern 
men  had  responded  favorably  to  the  invitation  "  to  in 
troduce  their  property  as  soon  as  possible,"  and  there 
was  every  reason  to  believe  that  if  the  laws  were 
peaceably  observed  and  perfect  fairness  shown,  the 
New  Englanders  would  be  successful  in  their  under 
taking.  The  news  roused  the  Missourians  of  the 
Border  into  a  fury.  Early  in  July,  1844,  a  meeting 
was  held  at  Westport,  in  that  State,  at  which  it  was 
resolved, 


SETTLEMENT    OF    LAWRENCE.  59 

"  That  this  Association  will,  whenever  called  upon 
by  any  of  the  citizens  of  Kansas  Territory,  hold 
itself  in  readiness  together  to  resist  and  remove  any 
and  all  emigrants  who  go  there  under  the  auspices  of 
the  Northern  Emigrant  Aid  Societies."" 

"  That  we  recommend  to  the  citizens  of  other 
Counties,  particularly  those  bordering  on  Kansas 
Territory,  to  adopt  regulations  similar  to  those  of  this 
association,  and  to  indicate  their  readiness  to  co-operate 
in  the  objects  of  this  first  resolution." 

Meanwhile  the  New  England  Aid  Societies  per 
severed  in  their  work,  and  by  the  middle  of  July,  the 
first  party  sent  out  by  them,  about  thirty  in  number, 
reached  a  point  on  the  Kaw  River,  where  they  pitched 
their  tents,  and  determined  to  establish  a  city.  They 
named  their  new  home  Lawrence,  in  honor  of  Amos 
A.  Lawrence,  of  Boston,  the  treasurer  of  the  Society. 
By  the  last  of  the  month  they  were  joined  by  about 
seventy  more  emigrants,  and  the  work  of  clearing  up  the 
land  and  building  their  houses  was  fairly  entered  upon. 
There  was  not  a  drone  in  the  little  community.  They 
were  all  honest,  energetic,  intelligent,  God-fearing 
people,  and  they  meant  to  succeed  in  the  undertaking 
before  them.  They  had  taken  legal  and  peaceable 
possession  of  their  settlement,  and  thus  far  had 
molested  or  wronged  no  one. 

They  were  not  to  live  in  peace,  however.  Before 
they  had  finished  building  their  houses,  they  were 
startled  by  the  announcement  that  two  hundred  and 
fifty  armed  Missourians  had  encamped  within  a  short 
distance  from  them  for  the  purpose  of  driving  them  out 


60  LIFE   OF   SCHUYLER   COLFAX. 

of  the  Territory.  The  next  morning  the  Missourians 
sent  them  a  formal  notice  that  "  the  Abolitionists  must 
leave  the  Territory,  never  more  to  return  to  it."  The 
Border  Ruffians  were  loud  in  the  expressions  of 
their  desire  to  avoid  bloodshed,  but  notified  the  settlers 
that  they  must  be  ready  to  leave  the  Territory,  with  all 
their  effects,  at  one  o^lock  that  day.  This  the  settlers 
firmly  but  civilly  refused  to  do,  and  quietly  but  quickly 
organized  themselves  into  a  military  company,  and 
prepared  to  maintain  their  right  to  their  new  home  by 
force  of  arms.  The  messengers  of  the  Border  Ruffians 
found  them  drilling  behind  their  tents,  and  reported 
this  fact  to  their  leaders.  Doubtless  the  quiet,  but 
determined  attitude  of  the  New  Englanders  impressed 
the  Missourians  with  the  idea  that  they  would  be 
dangerous  enemies  to  encounter,  for  the  latter  that  night 
broke  up  their  camp  and  withdrew,  leaving  the  settlers 
unmolested.  Meanwhile  the  town  of  Lawrence  grew  and 
prospered,  and  the  New  England  Societies  continuing 
to  send  emigrants  to  the  Territory,  other  places  were 
settled. 

In  carrying  out  the  provisions  of  the  bill  for  the 
organization  of  Kansas  Territory,  President  Pierce 
appointed  Andrew  H.  Reeder,  of  Pennsylvania,  a 
Democrat,  Governor  of  the  Territory.  Of  the  other 
Territorial  officers  appointed  by  the  President,  a 
majority  was  from  the  Slave-holding  States,  and  one 
of  these  officials  carried  a  large  number  of  slaves  with 
him  into  the  Territory.  Governor  Reeder  proceeded 
to  the  task  of  establishing  the  Territorial  Government, 
and  about  the  last  of  November,  1854,  an  election  was 


ELECTIONS  IN   KANSAS.  61 

held  for  the  purpose  of  choosing  a  delegate  to  Congress. 
The  Territory  at  that  time  contained  less  than  two 
thousand  legal  voters — counting  all  the  adult  white 
male  residents — but  the  vote  cast  amounted  to  2,871 
ballots.  Of  these  only  1,114  were  found  upon 
investigation  to  be  legal.  The  remainder  1,729  were 
cast  by  citizens  of  Missouri.  As  an  instance  of  this, 
at  "Poll  No.  110,"  604  votes  were  cast.  Of  these  20 
were  legal,  and  584  illegal.  By  such  means  John  W. 
Whitfield,  who  had  been  an  Indian  Agent,  and  who 
was  the  "  Missouri  Candidate  "  was  returned  to  Con 
gress. 

In  the  Spring  of  1855,  Governor  Reeder  caused  a 
census  of  the  Territory  to  be  taken.  It  was  found 
that  the  population  numbered  8,501  souls,  of  which 
number  2915  were  legal  voters,  and  242  slaves.  As 
soon  as  the  result  of  the  census  was  made  known, 
the  Governor  ordered  an  election  for  the  first  Ter 
ritorial  Legislature,  which  took  place  on  the  30th 
of  March. 

"  All  of  Border  Missouri  was  on  hand,"  says  Mr. 
Greeley,  "  and  the  invaders  had  been  so  nicely  appor 
tioned  and  directed  to  the  several  districts  and  polls 
that  they  elected  all  the  members,  with  a  single  excep 
tion,  in  either  House — the  two  Free  Sellers  being  chosen 
from  a  remote  inland  district  which  the  Missourians 
had  overlooked  or  did  not  care  to  reach.  Although 
but  831  legal  electors  voted,  there  were  no  less  than 
6,320  votes  polled.  Even  at  Lawrence,  where  there 
were  but  369  votes  in  all,  and  not  half  a  dozen  of  them 
pro-Slavery,  the  vote  returned  was — pro-Slavery  781 ; 


62  LIFE   OF  SCHUYLER   GOLF  AX. 

Free  State  253.  At  Marysville,  where  there  were  but 
24  legal  voters,  328  votes  were  returned,  all  pro- 
Slavery.  There  was  no  disguise,  no  pretence  of  legali 
ty,  no  regard  for  decency.  On  the  evening  before  and 
the  morning  of  the  day  of  election,  nearly  a  thousand 
Missourians  arrived  at  Lawrence,  on  horseback  and  in 
wagons,  well  armed  with  rifles,  pistols,  and  bowie- 
knives,  and  two  pieces  of  cannon  loaded  with  musket- 
balls.  They  had  tents,  music,  and  flags,  and  encamp 
ed  in  a  ravine  near  the  town.  They  held  a  meeting 
the  night  before  the  election  at  the  tent  of  Claiborne  F. 
Jackson.  Finding  that  they  had  more  men  than  were 
needed  to  carry  the  Lawrence  districts,  they  despatch 
ed  companies  of  one  or  two  hundred  each  to  two  other 
districts.  Meeting  one  of  the  judges  of  election  before 
the  poll  opened,  they  questioned  him  as  to  his  intended 
course,  and,  learning  that  he  would  insist  on  the  oath 
of  residence,  they  first  attempted  to  bribe  and  then 
threatened  to  hang  him.  In  consequence  of  this  threat, 
he  failed  to  appear  at  the  poll,  and  a  Missourian  was 
appointed  in  his  place.  One  of  the  remaining  judges, 
refusing  to  receive  Missouri  votes,  resigned  under 
duress,  and  was  replaced  by  another  who  made  no  ob 
jection.  One  Missourian  voted  for  himself,  and  then 
for  his  son,  ten  or  eleven  years  old.  Three  of  those 
they  thus  elected  to  the  Legislature  were  residents  of 
Missouri  at  the  time.  These  details  might  be  con 
tinued  indefinitely,  but  it  is  needless.  The  Missourians 
voted  at  other  polls  with  less  circumspection,  easily 
driving  off  all  who  objected  to  their  proceedings,  and 
then  doing  as  they  pleased."* 

*  The  American  Conflict, — p.  238* 


OUTRAGES   IN   KANSAS.  63 

The  press  of  the  Missouri  border  generally  sus 
tained  these  outrages,  and  even  boasted  of  them.  The 
Parkeville  Luminary,  published  in  Platte  County,  Mis 
souri,  was  the  only  journal  that  dared  to  say  anything 
in  behalf  of  the  Free  State  men  and  their  legal 
rights,  and  even  this  journal  did  so  in  the  most  careful 
and  guarded  language ;  but  it  paid  dear  for  its  temerity. 
On  the  14th  of  April,  1855,  its  office  was  mobbed  and 
destroyed,  together  with  all  its  contents,  by  the  Border 
Ruffians,  arid  the  editor  was  compelled  to  seek  safety 
in  flight. 

Six  districts  promptly  forwarded  to  the  Governor 
protests  against  the  elections,  accompanied  by  over 
whelming  proofs  of  the  outrages  that  had  been  prac 
tised  by  the  Missourians.  The  Governor,  who  seems 
tp  have  decided  to  do  justice  to  all  parties,  at  once  or 
dered  a  new  election  in  these  districts,  each  of  which, 
except  at  Leaven  worth,  which  is  right  on  the  Missouri 
border,  returned  a  Free  Soil  delegate.  Leavenworth 
was  carried  again  by  the  Missourians.  The  election 
was  really  a  mere  farce  ;  for  the  Legislature  refused  to 
admit  the  Free  Soil  members  just  referred  to,  and  gave 
their  seats  to  the  pro-slavery  delegates  chosen  at  the 
first  election. 

This  was  not  all.  William  Phillips,  a  Free  State 
lawyer,  of  Leavenworth,  and  one  of  the  signers  of  the 
protest  sent  from  that  place  to  "the  Governor,  was  kid 
napped  by  a  party  of  the  Border  Ruffians,  and  taken 
to  Weston,  Missouri,  eight  miles  distant,  where  they 
tarred,  and  feathered  him,  rode  him  on  a  rail,  and 
finally  sold  him  at  auction  to  a  negro,  whom  they 
compelled  to  buy  him. 


64  LIFE   OF   SCHUYLEE   COLFAX. 

.  The  Governor  had  called  the  Legislature  to  meet 
at  Pawnee  City,  on  the  Kansas  River,  a  town  nearly 
a  hundred  miles  west  from  the  border,  and  to  some  ex 
tent  out  of  the  reach  of  Missouri  influences.  Upon 
assembling,  however,  the  members  at  once  passed  a 
resolution  to  adjourn  to  Shawnee  Mission,  a  place 
directly  on  the  Missouri  border.  The  measure  was 
vetoed  by  the  Governor,  but  passed  over  his  veto,  and 
was  carried  into  effect  at  once.  Upon  reassembling  at 
Shawnee  Mission  it  proceeded  to  adopt  the  laws 
of  Missouri  as  laws  of  Kansas.  Other  acts  were 
passed  for  the  protection  and  maintenance  of  Slavery, 
so  cruel  and  despotic  in  their  character  as  to  be 
more  than  usually  obnoxious  to  the  Free  State  men 
and  their  friends  at  the  North.  The  following  may 
be  taken  as  specimens  :  ^ 

"Be  it  enacted  by  the  Governor  and  Legislative 
Assembly  of  Kansas,  That  every  person,  bond  or 
free,  who  shall  be  convicted  of  raising  a  rebellion  or 
insurrection  of  slaves,  free  negroes,  or  mulattoes.  in 
this  Territory,  shall  suffer  death. 

"  SEC.  2.  Every  free  person,  who  shall  aid  or 
assist  in  any  rebellion  or  insurrection  of  slaves,  free 
negroes,  or  mulattoes,  or  shall  furnish  arms,  or  do 
any  other  act  in  furtherance  of  such  rebellion,  shall 
suffer  death. 

"SEC.  3.  If  any  free  person  shall,  by  speaking, 
writing,  or  printing,  advise,  persuade,  or  induce,  any 
slaves  to  rebel,  conspire  against,  or  murder,  any  citizen  of 
the  Territory,  or  shall  bring  into,  print,  write,  publish, 
or  circulate,  or  cause  to  be  brought  into,  written, 


THE   LAWS   OF   KANSAS.  65 

printed,  published,  or  circulated,  or  shall  knowingly 
aid  or  assist  in  the  bringing  into,  printing,  writing, 
publishing,  or  circulating,  in  the  Territory,  any  book, 
paper,  magazine,  pamphlet,  or  circular,  for  the  purpose 
of  inciting  insurrection,  rebellion,  revolt,  or  conspir 
acy,  on  the  part  of  the  slaves,  free  negroes,  or  mu- 
lattoes,  against  the  citizens  of  the  Territory,  or  any 
part  of  them,  such  person  shall  suffer  death. 

"SEC.  4.  If  any  person  shall  entice,  decoy,  or 
carry  away,  out  of  this  Territory,  any  slave  belong 
ing  to  another,  with  the  intent  to  deprive  the  owner 
thereof  of  the  services  of  such  slave,  he  shall  be 
adjudged  guilty  of  grand  larceny,  and  on  conviction 
thereof  shall  suffer  death,  or  be  imprisoned  at  hard 
labor  for  not  less  than  ten  years. 

"  SEC.  5.  If  any  person  shall  aid  or  assist  in  en 
ticing,  decoying,  or  persuading,  or  carrying  away,  or 
sending  out  of  this  Territory,  any  slave  belonging  to 
another,  with  the  intent  to  procure  or  effect  the  freedom 
of  such  slave,  or  deprive  the  owners  thereof  of  the  ser 
vices  of  such  slave,  he  shall  be  adjudged  guilty  of 
grand  larceny,  and,  on  conviction  thereof,  shall  suffer 
death,  or  be  imprisoned  at  hard  labor  for  not  less  than 

ten  years. 

*         *         *          *         *          ***** 

"  SEC.  12.  If  any  free  person,  by  speaking  or 
writing,  shall  assert  or  maintain  that  persons  have  not 
the  right  to  hold  slaves  in  this  Territory,  or  shall  in 
troduce  into  this  Territory,  print,  publish,  write,  cir 
culate,  or  cause  to  be  introduced  into  the  Territory, 
or  written,  printed,  published,  arid  circulated  in  this 
5 


66  LIFE   OF   SCHUYLER   COLFAX. 

Territory,  any  book,  paper,  magazine,  pamphlet,  or 
circular,  containing  any  denial  of  the  right  of  persons 
to  hold  slaves  in  this  Territory,  such  person  shall  be 
deemed  guilty  of  felony,  and  punished  by  imprisonment 
at  hard  labor  for  a  term  of  not  less  than  two  years. 

"  SEC.  13.  No  person  who  is  conscientiously  op 
posed  to  holding  slaves,  or  who  does  not  admit  the 
right  to  hold  slaves  in  this  Territory,  shall  sit  as  a 
juror  on  the  trial  of  any  prosecution  for  any  violation 
of  any  of  the  sections  of  this  act." 

Governor  Reeder  vetoed  these  and  the  other  acts 
of  this  Legislature ;  and  finally  made  himself  so  un 
popular  with  that  body  that  the  members  petitioned 
the  President  to  remove  him.  This  was  accordingly 
done,  and  Wilson  Shannon,  of  Ohio,  was  appointed 
in  his  stead.  This  gentleman  was  in  full  accord  with 
the  Border  Ruffians. 

Meanwhile  the  New  England  and  other  Free  Soil 
men  had  come  into  the  Territory  quietly,  but  steadily, 
until  they  far  outnumbered  the  ^pro-Slavery  settlers. 
They  now  determined  not  to  submit  any  longer  to  the 
outrages  of  the  Border  Ruffians.  On  the  5th  of  Sep 
tember,  1854,  they  held  a  Convention  at  Big  Springs, 
and  passed  a  series  of  resolutions  repudiating  the  bogus 
government  and  laws  forced  upon  them  by  the  Border 
Ruffians,  and  announced  their  determination  not  to 
vote  for  them,  and  avowed  their  intention  to  refrain 
from  voting  for  the  Delegate  to  Congress,  at  the  elec 
tion  ordered  by  the  so-called  Legislature,  which  was  to 
take  place  on  the  1st  of  October.  They  called  upon 
the  people  of  the  Territory  to  send  delegates  to  a  Con- 


THE   TOPEKA    CONVENTION.  6? 

vention  to  be  held  at  Topeka  on  the  19th  of  Septem 
ber.  This  Convention  met  at  the  time  appointed^ 
organized  an  Executive  Committee  for  the  Territory, 
and  ordered  an  election  for  Delegate  to  Congress  to 
be  held  on  the  second  Tuesday  in  October.  Governor 
Reeder  received  the  nomination  to  Congress,  and  was? 
elected ;  as  was  Mr.  Whitfield,  the  pro-Slavery  candi 
date  at  the  Border  Ruffian  election  on  the  1st  of 
October. 

On  the  23d  of  October,  a  Convention  chosen  by 
the  Free  State  men,  met  at  Topeka,  and  framed  a 
Free  State  Constitution,  which  they  forwarded  to  the 
National  Congress  with  their  petition  for  admission 
into  the  Union,  under  it. 

This  was  the  situation  of  affairs  in  Kansas  when 
the  Thirty-Fourth  Congress  assembled ;  but  before  pro 
ceeding  to  show  the  action  of  that  body  on  the  subject, 
it  will  be  interesting  to  notice  briefly  the  events  that 
followed  in  the  Territory. 

As  we  have  already  said,  the  repeal  of  the  Missouri 
Compromise  opened  the  way  for,  and  was  the  direct 
cause  of,  the  conflict  between  the  Free  and  pro-Slavery 
settlers  of  Kansas.  The  outrages  of  the  pro-Slavery 
men  had  forced  the  Free  Soilers  into  an  attitude  of 
direct  and  uncompromising  resistance ;  and  after  the 
action  of  the  latter  at  Topeka,  the  struggle  which  had 
hitherto  been  comparatively  bloodless,  changed  its  char 
acter,  and  became  an  open  and  sanguinary  war  between 
the  two  parties. 

On  the  21st  of  November,  1855,  William  Dow,  a 
Free  Soiler,  was  shot  dead  in  cold  blood  by  one  of  his 


68  LIFE   OF   SCHUYLER   COLFAX. 

pro-Slavery  neighbors,  who  was  accompanied  at  the 
time  by  three  armed  men.  The  act  was  unprovoked 
on  the  part  of  Dow,  and  was  witnessed  by  several  per 
sons  who  made  no  effort  to  apprehend  the  murderer — 
one  Coleman,  by  name.  Coleman  escaped  to  Missouri, 
but  afterwards  returned  to  Shawnee  Mission  and  sur 
rendered  himself  to  Governor  Shannon,  who  allowed 
him  to  go  at  large.  The  body  of  his  victim  lay  for  sev 
eral  hours  in  the  road  where  it  had  fallen  ;  but  late  that 
evening,  Jacob  Branson,  a  Free  State  man,  with  whom 
the  murdered  man  had  boarded,  secured  it  and  buried 
it.  A  meeting  of  the  Free  State  men  was  held  several 
days  later  at  Hickory  Point,  at  which  the  assassination 
and  its  authors  were  denounced,  and  measures  set  on 
foot  to  bring  all  parties  connected  with  it  to  justice. 
This  meeting  was  made  the  excuse  for  further  outrages 
by  the  Border  Ruffians.  One  of  the  men  who  had 
been  concerned  in  the  murder  of  Dow,  obtained  a 
warrant  for  the  arrest  of  Branson,  upon  the  pretext 
that  the  latter  had  threatened  his  life.  A  posse  was 
organized  and  placed  in  the  charge  of  the  ^pro-Slavery 
sheriff  of  Douglas  county,  numbering  among  others 
two  of  the  men  who  had  aided  and  abetted  the  murder 
of  Dow.  Branson  was  taken  from  his  bed,  and  car 
ried  off  by  the  bogus  sheriff,  who  avowed  his  intention 
to  take  him  to  Lawrence  for  examination.  The  Free 
State  men  of  the  neighborhood,  hearing  of  the  arrest 
of  Branson,  who  had  been  guiltless  of  any  crime,  and 
having  good  reason  to  be  apprehensive  for  his  safety, 
rallied  and  rescued  him  from  his  captors.  No  blows 
were  struck,  but  the  firmness  and  determination  of  the 


THE   BORDER  WAR.  69 

Free  Sellers  so  impressed  the  Border  Ruffians  that 
they  made  no  effort  to  retain  Branson  in  their  custody. 
Branson  and  his  friends  repaired  to  Lawrence,  which 
city  the  irate  sheriff  declared  he  would  "  wipe  out51 
Returning  to  Shawnee  Mission,  he  induced  the  Gov 
ernor  to  call  out  three  thousand  militia  to  aid  him  in 
overcoming  "  the  resistance  of  the  Free  State  men  to 
the  execution  of  the  laws.1'  The  Governor  at  once 
called  for  troops,  and  volunteers  poured  in  from  Mis 
souri.  A  small  army  was  raised,  and  this  force,  headed 
by  the  Governor,  marched  on  Lawrence,  and  encamped 
before  the  town.  The  Free  State  men  made  ready  to 
defend  themselves  in  case  of  attack ;  but  the  danger 
was  averted  by  an  agreement  between  the  Governor 
and  the  Free  Soil  leaders  in  the  town,  which  for  a  while 
gave  peace  to  the  Territory. 

Matters  grew  worse  the  next  spring,  however. 
Bands  of  young  men,  armed  and  regularly  organized 
into  companies  and  regiments,  came  into  the  Territory 
from  South  Carolina,  Georgia,  and  the  extreme  South 
ern  States,  with  the  avowed  design  of  making  Kansas 
a  Slave  State  at  all  hazards.  They  were  guilty  of 
many  outrages  upon  the  Free  State  men  ;  but  their 
crowning  outrage  was  perpetrated  on  the  morning  of 
the  21st  of  May,  1856,  when,  under  the  pretext  of  aid 
ing  the  United  States  Marshal  to  serve  certain  processes 
upon  citizens  of  that  place,  they  captured  the  town  of 
Lawrence,  sacked  it,  burned  several  houses,  and  dam 
aged  it  to  the  extent  of  $150,000.  From  this  time  the 
war  went  on  in  a  series  of  desultory  but  bloody  en 
counters,  some  of  which  assumed  the  proportions  of 


70  LIFE   OF   SCHUYLER   COLFAX. 

regular  battles.  The  power  and  influence  of  the  Fed 
eral  Government  and  its  troops  were  cast  in  favor  of 
the  pro-Slavery  men,  and  every  effort  of  the  Free  Soil- 
ers  met  from  them  a  firm  repulse.  The  war  went  on 
until  the  steady  increase  of  the  Free  S oilers  made  them 
too  formidable  to  be  trifled  with  or  imposed  upon  by 
the  pro-Slavery  men,  whose  members,  from  various 
causes,  decreased  as  rapidly  as  their  opponents  multi 
plied.  Then,  and  not  till  then,  the  unhappy  Territory 
had  peace.  Several  efforts  were  made  to  secure  the 
admission  of  Kansas  as  a  Free  State,  but  they  met 
with  the  opposition  of  the  Administration  of  Mr.  Bu 
chanan.  The  Democrats  were  perfectly  willing  to 
admit  the  Territory  as  a  Slave  State,  but,  although 
they  knew  that  four-fifths  of  the  inhabitants  were  Free 
Soilers,  they  refused  to  allow  them  a  Free  Constitu 
tion;  and  it  was  not  until  the  21st  of  January,  18G1, 
after  the  Southern  members  had  withdrawn  from  the 
two  Houses  of  Congress,  that  the  bill  admitting  Free 
Kansas  into  the  Union  was  passed  by  the  Senate.  A 
week  later  it  passed  the  House,  and  the  long  struggle 
was  ended. 

When  the  Thirty-Fourth  Congress  had  been  organ 
ized  by  the  election  of  Mr.  Banks  as  Speaker,  one 
of  the  first  things  that  was  taken  into  consideration 
by  the  House,  was  the  condition  of  affairs  in  Kansas. 
On  the  19th  of  March,  1856,  the  House  resolved,  by 
a  vote  of  101  yeas  to  93  nays,  to  send  a  Special 
Committee  to  Kansas  to  inquire  into  the  origin  and 
nature  of  the  troubles  existing  there,  and  to  investigate 
the  merits  of  the  claims  of  the  rival  delegates  from  that 


REPORT   OF   THE    COMMITTEE.  71 

Territory.*  The  Speaker  appointed  Messrs.  William 
A.  Howard,  of  Michigan,  John  Sherman,  of  Ohio,  and 
Mordecai  Oliver,  of  Missouri,  as  the  Committee.  These 
gentlemen  at  once  repaired  to  Kansas,  where  they  re 
mained  several  weeks  taking  testimony,  and  making  a 
searching  investigation  into  the  matters  before  them. 
Upon  their  return,  the  majority  gave  the  result  of  their 
labors,  in  an  able  report,  closing  with  the  following 
conclusions : 

"  First :  That  each  election  in  the  Territory,  held 
under  the  organic  or  alleged  Territorial  law,  has  been 
carried  by  organized  invasions  from  the  State  of  Mis 
souri,  by  which  the  people  of  the  Territory  have  been 
prevented  from  exercising  the  rights  secured  to  them 
by  the  organic  law. 

"  Second :  That  the  alleged  Territorial  Legislature 
was  an  illegally  constituted  body,  and  had  no  power  to 
pass  valid  laws ;  and  their  enactments  are,  therefore, 
null  and  void. 

"  Third:  That  these  alleged  laws  have  not,  as  a 
general  thing,  been  used  to  protect  persons  and  prop 
erty,  and  to  punish  wrong,  but  for  unlawful  purposes. 

"  Fourth :  That  the  election  under  which  the  sit 
ting  delegate,  John  W.  Whitfield,  holds  his  seat,  was 
not  held  in  pursuance  of  any  valid  law,  and  that  it 
should  be  regarded  only  as  the  expression  of  the  choice 
of  those  resident  citizens  who  voted  for  him. 

u  Fifth :  That  the  election  under  which  the  contest- 

*  Whitfield  had  been  admitted  to  his  seat  in  Congress,  and  Governor 
Keeder  was  at  that  time  contesting  it.  The  former  retained  it  throughout 
the  session. 


72  LIFE   OF   SCHUYLER   COLFAX. 

ing  delegate,  Andrew  H.  Reeder,  claims  his  seat,  was 
not  held  in  pursuance  of  law,  and  that  it  should  be  re 
garded  only  as  the  expression  of  the  choice  of  the  resi 
dent  citizens  who  voted  for  him. 

"  Sixth :  That  Andrew  H.  Reeder  received  a  greater 
number  of  votes  of  resident  citizens  than  John  "W. 
Whitfield,  for  Delegate. 

"  Seventh :  That,  in  the  present  condition  of  the 
Territory,  a  fair  election  cannot  he  held  without  a  new 
census,  a  stringent  and  well-guarded  election  law,  the 
selection  of  impartial  judges,  and  the  presence  of  United 
States  troops  at  every  place  of  election. 

"  Eighth :  That  the  various  elections  held  by  the 
people  of  the  Territory  preliminary  to  the  formation  of 
the  State  Government,  have  been  as  regular  as  the  dis 
turbed  condition  of  the  Territory  would  allow;  and 
that  the  Constitution  framed  by  the  Convention,  held 
in  pursuance  of  said  elections,  embodies  the  will  of  a 
majority  of  the  people." 

Mr.  Colfax  had  from  the  first  taken  a  deep  interest 
in  the  struggles  of  the  Free  Soilers  of  Kansas,  and  he 
resolved  that  no  effort  on  his  part  should  be  wanting 
in  their  behaK  He  took  an  active  part  in  the  debate 
connected  with  the  resolutions  to  investigate  the  affairs 
in  that  Territory,  taking  his  stand  firmly  in  favor  of 
strict  and  impartial  justice  to  all  parties.  On  the  21st 
of  June,  1856,  from  his  place  in  the  House,  he  deliv 
ered  his  famous  speech  "  on  the  laws  of  Kansas."  It 
was  an  eloquent  and  vigorous  elucidation  of  the  dis 
puted  question,  and  a  powerful  denunciation  of  the  in 
famous  statutes  by  which  the  Border  Ruffians  sought 


SPEECH   OF   MR.    COLFAX.  73 

to  destroy  the  freedom  of  the  new  Territory.*  The 
very  calmness  and  simplicity  of  his  language  and  de 
meanor  added  to  their  force.  He  was  listened  to  with 
marked  attention  by  the  Administration  party  as  well 
as  by  his  own  friends,  and  when  he  came  to  notice  that 
part  of  the  laws  of  Kansas  which  inflicted  imprison 
ment  at  hard  labor,  with  ball  and  chain,  upon  any  one 
who  should  ever  say  that  persons  have  not  the  right  to 
hold  slaves  in  this  Territory,  he  exclaimed,  u  And  this 
penalty,  revolting,  humiliating,  debasing  as  it  is,  sub 
jecting  a  free  American  citizen  to  the  public  sneers  and 
contumely  of  his  oppressors,  far  worse  than  within  the 
prison  walls  where  the  degradation  of  the  punishment 
is  relieved  by  its  privacy,  is  to  be  borne  from  two  to 
five  long  years  by  the  men  of  Indiana  and  Ohio,  of 
New  England  and  New  York,  of  Pennsylvania  and 
the  far  West,  who  dare  in  Kansas  to  declare  by  speech, 
or  in  print,  or  to  introduce  therein  a  handbill  or  paper, 
which  declares  that  '  persons  have  not  the  right  to  hold 
slaves  in  this  Territory.''  The  chain  and  ball  are  to  be 
attached  to  the  ankle  of  each,  and  they  are  to  drag  out 
their  long  penalty  for  exercising  their  God-given  and 
Constitutionally  protected  freedom  of  speech,  manacled 
together  in  couples,  and  working  in  the  public  gaze, 
under  task-masters,  to  whom  Algerine  slaveholders 
would  be  preferable. 

"  Sir,  as  this  is  one  of  the  laws  which  the  Dem 
ocratic  party,  by  its  platform,  has  resolved  to  enforce, 
and  which  the  President  of  the  United  States  intends 
to  execute,  if  needs  be,  with  the  whole  armed  force  of 
*  See  Appendix,  II.  for  this  Speech. 


74  LIFE   OF   SCHUYLER    COLFAX. 

the  United  States,  I  have  procured  a  specimen  of  the 
size  of  the  iron  ball  which  is  to  be  used  in  that  Terri 
tory  under  this  enactment,  and  only  regret  that  I 
cannot  exhibit  also  the  iron  chain,  six  feet  in  length, 
which  is  to  be  dragged  with  it  through  the  hot  summer 
months,  and  the  cold  wintry  snows,  by  the  Free  State 
'convicts'  in  Kansas." 

As  he  spoke,  he  lifted  from  his  desk  an  iron  ball 
six  inches  in  diameter,  and  weighing  about  thirty 
pounds,  and  held  it  up  to  the  gaze  of  the  House.  Mr. 
Alexander  H.  Stephens,  of  Georgia,  who  sat  near  by, 
asked  Mr.  Colfax  to  permit  him  to  examine  it,  and, 
having  satisfied  himself  as  to  its  weight,  was  about  to 
return  it,  when  Mr.  Colfax  smilingly  asked  him  to  keep 
it ;  and  with  the  ball  in  the  hands  of  the  great  pro- 
Slavery  leader,  he  went  on  to  show  that  if  Washington, 
Jefferson,  and  other  great  men  of  the  country  were 
living,  their  honest  utterances,  if  spoken  in  Kansas, 
would  subject  them  to  the  infamy  of  the  chain-gang. 

"  Hurry  them,  Judge  Lecompte,  to  the  chain- 
gang,"  he  cried  in  indignant  tones,  which  rang  clear 
and  unfaltering  through  the  hall ;  "  and  as  they  com 
mence  their  years  of  disgraceful  and  degrading  punish 
ment,  forget  not  to  read  them  from  the  Nebraska  Bill 
that  l  its  true  intent  and  meaning1  is  to  leave  the 
people  thereof  perfectly  free  (not  only  free,  but  PER 
FECTLY  free)  to  form  and  regulate  their  domestic  insti 
tutions  in  their  own  way,  subject  only  to  the  Constitu 
tion  of  the  United  States." 

As  he  closed  his  speech,  his  voice  rang  out  clear 
and  unfaltering  in  the  following  noble  peroration : 


NOBLE    PERORATION.  75 

"  As  I  look,  sir,  to  the  smiling  valleys  and  fertile 
plains  of  Kansas,  and  witness  there  the  sorrowful 
scenes  of  civil  war,  in  which,  when  forbearance  at  last 
ceased  to  be  a  virtue,  the  Free  Soil  men  of  the  Terri 
tory  felt  it  necessary,  deserted  as  they  were  by  their 
Government,  to  defend  their  lives,  their  families,  their 
property,  and  their  hearth-stones,  the  language  of  one 
of  the  noblest  statesmen  of  the  age,  uttered  six  years 
ago  at  the  other  end  of  this  Capitol,  rises  before  my 
mind — I  allude  to  the  great  Statesman  of  Kentucky, 
Henry  Clay.  And  while  the  party,  which,  while  he 
lived,  lit  the  torch  of  slander  at  every  avenue  of  his 
private  life,  and  libelled  him  before  the  American 
people  by  every  epithet  that  renders  man  infamous,  as 
a  gambler,  debauchee,  traitor,  enemy  of  his  country, 
are  now  engaged  in  shedding  fictitious  tears  over  his 
grave,  and  appealing  to  his  old  supporters  to  aid  by 
their  votes  in  shielding  them  from  the  indignation  of 
an  uprisen  people,  I  ask  them  to  read  this  language 
of  his,  which  comes  to  us  as  from  his  tomb  to-day. 
With  the  change  of  but  a  single  geographical  word  in 
place  of  c  Mexico,'  how  prophetically  does  it  apply  to 
the  scenes  and  issues  of  this  year!  And  who  can 
doubt  with  what  party  he  would  stand  in  the  coming 
campaign,  if  he  were  restored  to  us  from  the  damps 
of  the  grave,  when  they  read  the  following,  which  fell 
from  his  lips  in  1850,  and^with  which,  thanking  the 
House  for  its  attention,  I  conclude  my  remarks  : 

"  4  But  if,  unhappily,  we  should  be  involved  in  war, 
in  civil  war,  between  the  two  parties  of  this  Confed 
eracy,  in  which  the  effort  upon  the  one  side  should  be 


76  LIFE   OF   SCHUYLER   COLFAX. 

to  restrain  the  introduction  of  Slavery  into  the  new 
Territories,  and  upon  the  other  to  force  its  introduction 
there,  what  a  spectacle  should  we  present  to  the  astonish 
ment  of  mankind,  in  an  effort  not  to  propagate  rights, 
but — I  must  say  it,  though  I  trust  it  will  be  under 
stood  to  be  said  with  no  design  to  excite  feeling — a 
war  to  propagate  wrongs  in  the  Territories  thus  ac 
quired  from  Mexico  !  It  would  be  a  war  in  which  we 
should  have  no  sympathies,  no  good  wishes — in  which 
all  mankind  would  be  against  us  ;  for,  from  the  com 
mencement  of  the  Revolution  down  to  the  present 
time,  we  have  constantly  reproached  our  British  an 
cestors  for  the  introduction  of  Slavery  into  this 
country/" 

This  speech  made  a  marked  impression  upon  the 
House  and  upon  the  country,  and*  in  the  Presidential 
campaign  of  that  year,  five4  hundred  thousand  copies 
were  printed  and  distributed  at  the  expense  of  the 
Republican  party.  Such  a  compliment,  and  one  so 
well  deserved,  had  never  been  paid  to  so  young  a 
member  of  the  House. 

Thus  closed  Mr.  Colfax's  first  Session  in  Congress. 
He  had  proved  himself  one  of  the  ablest  and  most 
valuable  members  of  that  body,  and  his  Constituents 
were  more  than  satisfied  with  him.  He  was  renomi- 
nated  with  enthusiasm,  while  he  was  still  in  Washing- 

'  o 

ton,  and  reflected  by  a  majority  of  1036  over  Mr. 
Stuart,  his  Democratic  competitor. 


CHAPTER  IV. 

Meeting  of  the  34th  Congress— The  Tariff  Question— Mr.  Colfax's  Speech 
on  Free  Sugar — Memorial  of  the  Indiana  Legislature — Debate  on 
the  Subject— Case  of  Mr.  Simonton — Bold  Appeal  of  Mr.  Colfax  for 
the  Eights  of  a  Citizen — His  Consistency — Care  for  the  Officials  oJF 
the  House — The  Presidential  Campaign  of  1856 — Mr.  Colfax  predicts 
the  Defeat  of  Fremont,  but  supports  him — Eulogy  on  Senator  Bell — 
Speech  on  the  Mormon  Question — Declares  himself  in  favor  of  en 
forcing  the  Neutrality  Laws— Appeal  in  Behalf  of  the  Veterans  of 
the  War  of  1812— Denounces  the  Washington  Police— The  Election 
Law  of  the  City  of  Washington — Proposes  to  abolish  the  Franking 
Privilege— Mr.  Colfax  delivers  his  second  Great  Speech  on  Kansas 
— Eloquent  Peroration— Efforts  in  behalf  of  the  Indians— Efforts  for 
Eeform  in  the  Post  Office  Department — Eesolution  to  protect  Com 
modore  Paulding — Opposes  the  Extravagance  of  Congress — Defeats 
the  Measure  to  give  all  the  Printing  to  the  Democrats — Defence  of 
the  State  of  Indiana. 

IN  the  Third  Session  of  the  Thirty-Fourth  Con- 
gress,  which  met  on  the  1st  of  December,  1856,  Mr. 
Colfax  fully  sustained  the  reputation  he  had  won  in 
the  preceeding  Session. 

On  the  14th  of  January  he  introduced  a  bill  for 
the  abolition  of  the  duty  on  sugar,  which  had -been 
levied  by  a  preceding  Congress  in  the  interest  of  the 
sugar  planters  of  the  South.  The  bill  was  read  a  first 
and  second  time,  'and  referred  to  the  Committee  of 
Ways  and  Means.  The  measure  was  ably  debated  in 
the  Committee  of  the  Whole,  and  on  the  6th  of  Feb 
ruary,  1857,  Mr.  Colfax,  in  an  able  and  interesting 
speech,  expressed  his  views  at  length  upon  it  He 


78  LIFE   OF   SCHUYLER   COLFAX. 

spoke  in  favor  of  free  sugar,  and,  while  thanking  the 
majority  of  the  Ways  and  Means  Committee  for  allow 
ing  him  to  argue  for  the  sugar  consumers  before  them 
while  preptTring  their  tariff,  and  for  the  reduction  they 
proposed  to  ten  per  cent.,  urged  that  the  change  should 
be  not  a  partial,  but  an  entire  one,  by  making  it  free, 
as  tea  and  coffee  already  were.  He  contended  that  the 
sugar  duty  was  not  needed  for  revenue  purposes,  the 
Treasury  being  already  overflowing ;  and  that,  as  a 
practical  experiment,  having  been  tried  for  sixty  years, 
it  had  utterly  failed,  the  crop  having  virtually  run  out. 
He  argued  that  one  eighth  of  the  whole  tariff  receipts 
last  year  were  collected  from  sugar  and  molasses, 
making  twenty-five  millions  of  consumers  pay  a  tax  as 
needless  as  oppressive  ;  that  the  total  hqme  product 
was  not  one  sixth  of  the  consumption ;  that  New  Or 
leans  .itself  imported  twenty- five  million  pounds  of 
foreign  sugar  last  year,  and  Baltimore  forty-three  mil 
lions  ;  that  the  whole  crop  of  the  country  was  insuffi 
cient  to  supply  the  farmers  of  the  Mississippi  valley 
alone,  leaving  the  remainder  of  the  whole  country  to 
draw  their  supply  from  abroad ;  that  more  duty  had 
been  paid  on  imported  sugar  last  year,  than  the  whole 
amount  raised  in  this  country  would  have  cost  at  Ha- 
vanna,  and  that  it  would  therefore  have  been  a  saving 
to  have  repealed  the  tax,  and  given  the  whole  amount 
as  a  bounty  to  the  sugar  planters,  to  consent  to  the  re 
peal;  that  if  the  Chinese  sugar  cane  recently  intro 
duced,  proved  half  as  valuable  as  is  claimed  for  it, 
sugar  would  not  need  protection  any  more  than  corn 
or  cord-wood.  He  expressed  the  opinion  that  if  the 


FREE   SUGAR.  7$ 

question  of  free  sugar  was  submitted  to  the  voters  of 
every  congressional  district  in  the  Union,  not  twenty 
out  of  the  two  hundred  and  thirty-four  would  vote  No.* 

On  the  12th  of  the  same  month,  as  an  additional 
argument  in  favor  of  the  position  he  had  taken,  he 
presented  to  the  House  a  joint  resolution  of  the  Legis 
lature  of  Indiana  upon  the  subject,  setting  forth  views 
similar  to  those  he  had  expressed.  The  Committee  of 
the  Whole,  however,  indicated  their  determination  not 
to  place  sugar  on  the  free  list,  and  on  the  20th  of  Feb 
ruary,  Mr.  Colfax  offered  as  a  compromise,  a  resolu 
tion,  "  That  from  and  after  the  1st  day  of  July,  1857, 
the  duty  on  imported  brown  sugar  shall  be  one  and  a 
half  cent  per  pound ;  and  on  white  and  loaf  sugar,  two 
cents  per  pound."  He  said : 

u  The  Committee  of  the  Whole,  when  it  was  last 
in  session,  indicated  its  determination  not  to  place 
sugar  on  the  free  list.  I  regretted  this  conclusion  of 
the  members  of  the  House,  but  I  do  not  rise  to  quar 
rel  with  the  Committee  as  to  a  matter  of  detail  which 
they  have  definitely  decided. 

"But,  if  I  understood  the  argument  of  the  gentle 
man  from  Louisiana  [Mr.  Eustis],  who  last  addressed 
the  Committee,  he  stated  to  the  Committee  distinctly, 
that,  when  sugar  was  at  a  high  price,  the  sugar- 
planters  of  Louisiana  did  not  need  or  desire  protection, 
and  then  the  gentleman  from  New  York  [Mr.  Wake- 
man]  asked  why  the  duty  upon  it  was  not  remitted  on 
the  ground  taken  by  the  sugar-planters — that  they  do 

*  The  reader  will  find  this  interesting  speech  at  the  close  of  the  vol 
ume.     See  Appendix,  III. 


80  LIFE   OF   SCHUYLER   COLFAX. 

not  need  protection  when  sugar  is  high  in  price,  and 
only  need  protection  when  the  price  is  low  ?  I  offer 
this  proposition  as  a  compromise.  It  is  based  upon 
the  prices  when  the  tariff  of  1846  was  passed — when 
brown  sugar  commanded  five  cents  per  pound.  Thirty 
per  cent,  was  the  rate  of  duty  prescribed  by  that  tariff, 
and  thirty  per  cent,  levied  on  the  prices  of  1846  would 
make  exactly  one  cent  and  a  half  per  pound  duty.  I 
think  that  that  is  reasonable,  because  when  sugar  is 
high,  as  it  is  now,  there  is  conceded  to  be  no  necessity 
to  tax  the  consumer,  and  when  it  is  low,  that  measure 
of  protection  will  be  both  efficient  and  valuable  to 
them.  The  object  proposed  by  the  Committee  of 
Ways  and  Means  is  to  deplete  the  Treasury ;  and  here 
is  a  boon  to  the  public  at  large  which  will  diminish 
the  excessive  revenue  now  received,  three  and  a  half 
millions  of  dollars  per  year,  on  a  single  item,  without 
having  any  interest  in  the  land.  It  is  also  in  accord 
ance  with  the  precedents  of  former  legislation.  In 
1789,  the  first  tariff  adopted  by  our  Government  levied 
a  duty  of  one  cent  per  pound  on  brown  sugar.  Spe-. 
cific  duties  were  also  levied  in  1790,  1795,  1797,  and 
in  1800,  increasing  at  last  to  two  and  a  half  cents  per 
pound  on  all  grades  of  brown  sugar,  and  on  loaf  to 
five  cents  per  pound.  In  1846,  the  duties  still  stood 
at  two  and  a  half  cents  per  pound  on  all  importations 
of  brown  sugar,  when  the  tariff  of  that  year  reduced  it, 
as  they  supposed,  to  thirty  per  cent,  ad  valorem,  the 
effect  of  which,  however,  has  been,  by  the  increase  of 
price,  to  increase  the  duty  over  the  amount  then  sought 
to  be  lowered.  I  propose,  therefore,  to  reduce  the 


CASE   OF   MR.  SIMONTON.  81 

burden  now  imposed  on  the  consumers  of  sugar  one 
half,  by  changing  the  tariff  upon  it  from  an  ad  valorem 
rate,  which  increases  its  cost  now  three  cents  per  pound, 
to  a  specific  duty  of  one  cent  and  a  half  per  pound  on 
brown,  and  two  cents  on  loaf,  based  on  the  prices  in 
force  when  the  present  thirty  per  cent  duty  was  im 
posed — to  reduce  the  revenue  as  much  as  two-thirds 
of  the  whole  assortment  of  free  articles  recommended 
by  the  Ways  and  Means  Committee,  and  at  the  same 
time  work  no  injury  to  any  interest  in  the  Union." 

The  compromise  was  rejected,  however,  and  the 
duties  on  sugar  were  made  protective  again. 

On  the  21st  of  January,  1857,  a  select  Committee 
of  the  House,  which  had  been  appointed  to  investigate 
certain  charges  of  bribery  and  corruption  which  had 
been  brought  against  certain  members  of  the  House, 
reported  that  one  of  the  witnesses,  James  ~W.  Simon- 
ton,  correspondent  of  the  New  York  Times,  had  re 
fused  to  testify  in  answer  to  certain  questions  pro 
pounded  to  him  by  the  Committee,  and  had  thereby 
acted  in  contempt  of  the  authority  of  the  House.  The 
Committee  asked  that  "  the  Speaker  issue  his  warrant, 
directed  to  the  Sergeant-at-Arms,  commanding  him 
(the  said  Sergeant-at-Arms)  to  take  into  custody  the 
body  of  the  said  James  W.  Simonton,  wherever  to  be 
found,  and  the  same  forthwith  to  have  before  the  said 
House,  at  the  bar  thereof,  to  answer  as  for  a  contempt 
of  the  authority  of  this  House."  This  resolution  passed 
the  House  by  a  vote  of  164  yeas  to  16  nays,  receiving, 
among  others,  the  vote  of  Mr.  Colfax. 

Some  debate  then  ensued  as  to  what  disposition 
6 


82  LIFE   OF   SCHUYLER   COLFAX. 

should  be  made  of  the  witness  in  case  he  persisted  in 
refusing  to  testify  before  the  Committee.  Mr.  Cobb,  of 
Georgia,  was  in  favor  of  confining  him  in  the  jail  of  the 
District  of  Columbia  for  a  period  not  exceeding  six 
months.  In  the  course*  of  the  debate,  Mr.  Davis,  of 
Maryland,  said : 

"  We  must  dispose  of  the  prisoner  in  some  way. 
He  is  before  this  House  in  a  position  analogous  to  a 
person  before  a  Court  by  process  of  attachment  when 
it  is  alleged  the  witness  has  been  guilty  of  contempt. 
The  next  step,  when  the  witness  has  been  brought  in, 
is  that  he  be  called  on  to  show  cause  why  he  should 
not  be  committed  for  the  contempt  which  is  alleged. 
I  therefore  propose  the  following  resolution  : 

"  '  Resolved,  That  the  Speaker  do  call  on  the  per 
son  in  custody  to  show  cause  why  he  should  not  be 
committed  for  his  refusal  to  answer  the  questions  pro 
pounded  by  the  Select  Committee  in  the  report  of  the 
said  Committee ;  and  that  he  have  until  to-morrow 
morning  to  make  said  answer  ;  and  that  in  the  mean 
time  he  remain  in  the  custody  of  the  Sergeant-at- 
Arms.;" 

Ever  zealous  for  the  protection  and  rights  of  his 
fellow  citizens,  as  well  as  for  those  of  the  body  of 
which  he  was  a  member,  Mr.  Colfax  was  determined 
that,  so  far  as  he  was  concerned,  the  recusant  witness 
should  have  the  full  benefit  of  every  right  guaranteed 
him  by  the  Constitution  and  laws,  and  so,  rising  in 
his  place  he  said: 

"  I  agree  with  the  gentleman  from  Maryland  [Mr. 
Davis]  in  one  thing  ;  and  that  is,  that  the  witness,  hav- 


PRESIDENTIAL   CAMPAIGN.  83 

ing  stated  that  there  were  members  of  this  House 
who  had  approached  him  with  propositions  for  the  sale 
of  their  votes,  should  have  answered  the  questions  pro 
pounded  to  him  by  the  Select  Committee.  But  he  is 
an  American  citizen.  He  stands  here  at  your  bar,  and 
has  the  right  before  he  is  confined  for  even  an  hour,  to 
be  heard,  either  by  himself,  or  Counsel.  And  I  move 
to  amend  the  resolution  by  striking  out  all  after  the 
word  'Resolved,'  and  inserting,  That  he  shall  have 
the  privilege  of  being  heard  at  the  bar  of  this  House, 
in  person  or  by  counsel."  * 

This  language  is  in  perfect  harmony  with  the 
manly  declaration  of  the  same  gentleman,  as  Speaker 
of  the  House,  a  few  weeks  since,  in  the  case  of  Chas. 
W.  Woolley,  another  recusant  witness,  that  he 
would  not  under  any  circumstances,  either  with  or 
without  the  order  of  the  House,  violate  the  sacredness 
of  the  private  correspondence  of  a  fellow  citizen. 

On  the  last  day  of  the  session,  Mr.  Colfax  procured 
the  passage  of  a  resolution  increasing  the  pay  of  the 
hard-working  Journal  Clerk  of  the  House  to  an  amount 
equal  to  the  salary  paid  to  the  "  Chief  Clerk  under  the 
Secretary  of  the  Senate." 

Previous  to  this  session,  the  events  of  which,  so  far 
as  this  narrative  is  concerned,  have  just  been  related, 
occurred  the  Presidential  campaign  of  1856.  Mr.  Col- 
fax  was  an  ardent  supporter  of  the  Republican  nominee, 
Colonel  Fremont.  He  had  but  little  hope  of  the  suc 
cess  of  his  party,  as  he  declared  that  the  nomination 

*  The  reader  will  find  a  full  report  of  this  interesting  case  in  "The 
Congressional  Globe,"  for  January  21st  and  22d,  1857. 


84  LIFE   OF   SCHUYLER   COLFAX. 

of  Mr.  Fillmore  as  a  third  candidate  would  secure 
enough  of  the  opposition  to  the  Democracy  to  enable 
them  to  elect  Mr.  Buchanan  by  a  plurality,  a  predic 
tion  which  was  literally  fulfilled.  Nevertheless,  he 
worked  faithfully  and  energetically  in  behalf  of  the 
cause  he  had  espoused,  and  was  by  no  means  dis 
mayed  at  the  result.  He  was  full  of  hope  for  the 
future,  as  will  be  seen  from  the  following  extract  from 
one  of  his  editorials  in  his  paper,  written  a  few  months 
previous  to  the  Republican  nomination,  and  just  after 
that  of  Mr.  Fillmore  : 

u  Whether  the  Republican  ticket  shall  be  success 
ful  or  defeated  this  year,  the  duty  to  support  it,  to 
proclaim  and  defend  its  principles,  to  arm  the  con 
science  of  the  nation,  is  none  the  less  incumbent.  The 
Republican  movement  is  based  on  justice  and  right, 
consecrated  to  Freedom,  commended  by  the  teachings 
of  our  Revolutionary  Fathers  and  demanded  by  the  ex 
traordinary  events  of  our  recent  history,  and  though 
its  triumphs  may  be  delayed,  nothing  is  more  cer 
tain." 

The  Thirty-fifth  Congress  met  on  the  7th  of  Decem 
ber,  1857.  This  being  Mr.  Colfax's  second  term,  and 
in  consideration  of  his  great  knowledge  of  and  ex 
perience  in  the  necessities  and  affairs  of  the  West, 
he  was  appointed  a  member  of  the  Committee  on 
Indian  Affairs. 

On  the  15th  of  December,  1857,  Mr.  Tappan,  of 
New  Hampshire,  announced  to  the  House  the  death 
of  the  Honorable  James  Bell,  a  Senator  from  that 
State,  and  after  a  few  eloquent  remarks  upon  the  life 


EULOGY   ON   SENATOR  BELL.  85 

and  character  of  the  departed  statesman,  offered  the 
usual  resolutions  of  respect  and  condolence. 

Mr.  Colfax  then  rose,  and  said : 

"  I  rise,  Mr.  Speaker,  to  second  the  resolutions 
offered  by  my  friend  from  New  Hampshire,  and  to  en 
twine  my  humble  offering  with  the  funereal  wreath 
which  he  has  placed  upon  the  grave  of  the  deceased. 

"  It  was  my  fortune  during  the  long  session  of  the 
last  Congress,  to  reside  in  the  same  house  with  him ; 
to  see  him  daily  ;  to  enjoy  his  counsel ;  to  learn  his 
worth  ;  and  to  prize  his  friendship.  He  was  a  gen 
tleman  so  unassuming  in  his  demeanor,  and  -so  un 
obtrusive  in  his  intimacies,  that  but  few  who  did 
not  belong  to  the  same  household  fully  appreciated 
his  sterling  merits.  But,  though  naturally  of  a  re 
served  manner,  neither  the  snow  of  Autumn  nor 
the  ice  of  Winter  had  frozen  up  the  well-spring  of  his 
affections.  Always  kind  and  considerate  in  the  ex 
pression  of  his  opinions,  always  charitable  in  his 
judgments,  always  tolerant  in  his  discussions,  he 
participated  in  the  stormy  scenes  of  an  exciting  ses 
sion  without  sharing  in  its  acerbities  ;  he  moved  in 
a  heated  atmosphere  without  inflaming  his  own  judg 
ment;  he  adhered  faithfully  to  his  own  convictions 
without  denunciation  of  his  opponents;  and  while 
others,  on  all  sides,  warmed  as  the  sharp  rivalry  of 
contending  sentiments  progressed,  he  remained  calm 
and  serene.  He  was,  indeed,  one  amongst  a  thousand. 

4  His  daily  prayer,  far  better  understood 
In  acts  than  words,  was  simply  DOING  GOOD. 
So  calm,  so  constant,  was  his  rectitude, 
That  by  his  loss  alone  we  know  its  worth, 
And  feel  how  true  a  man  has  walked  with  us  on  earth.' 


86  LIFE   OF   SCHUYLER   COLFAX. 

"My  acquaintance  with  Senator  Bell  was  limited  to 
the  two  years  he  spent  in  the  public  service  here; 
but,  besides  what  I  learned  of  his  character  from  that 
association,  I  have  heard  much  of  him  from  citizens 
of  his  native  State.  Without  exception,  all  have  spok 
en  of  him  in  terms  of  admiration  and  esteem.  His 
popularity  was  of  that  kind  which  Mansfield  declared 
was  alone  valuable — which  ran  after  instead  of  being 
run  after  by  its  recipient.  He  was  always  a  friend  to 
the  poor — their  frequent  counsellor,  their  voluntary  and 
unpaid  attorney,  their  generous  contributor.  He  had 
no  enemies,  for  he  trespassed  on  no  man's  rights,  and 
warred  with  no  man's  preferences  ;  but  performing  his 
own  duties  in  private  life,  and  bearing  his  own  testi 
mony  in  public  life,  as  he  felt  that  his  conscience  and 
his  judgment  required  him  to  do,  he  left  all  others 
equally  free  to  be  guided  by  the  same  monitors.  In 
deed,  his  character  seemed  to  have  been  formed  in 
exquisite  unison  with  that  model  laid  down  by  the 
Apostle  James:  'First  pure,  then  peaceable;  gentle 
and  easy  to  be  entreated ;  full  of  mercy  and  good 
fruits;  without  partiality  and  without  hypocrisy.' 

"  I  will  not  enter  with  any  poor  words  of  formal 
sympathy  into  that  bereaved  circle, 

1  Where,  in  the  shadow  of  this  great  affliction, 
The  soul  sits  dumb.' 

But  I  know,  by  the  patient  care  and  never-ceasing  at 
tention  which  I  saw  his  daughter  give  to  her  invalid 
father,  whose. incurable  disease  was  slowly  but  steadily 
undermining  all  the  bulwarks  of  life,  that  the  blow 
which  has  fallen  has  been  one  of  no  ordinary  sadness, 


EULOGY  ON  SENATOR  BELL.  87 

and  that  human  sympathy  would  be  unavailing  to 
alleviate  its  rigor,  or  to  lighten  its  weight. 

"  But,  sir,  these  occasions  are  utterly  profitless  un 
less  we  use  them  for  our  own  improvement.  The  dead 
are  beyond  our  eulogy  or  our  censure.  But  the  fre 
quency  with  which,  as  Senators  and  Representatives, 
as  well  as  citizens  and  friends,  we  crowd  around  the 
open  grave  or  the  gloomy  coffin,  admonishes  the  living 
that  even  now  the  last  sands  of  our  own  hour-glass 

o 

may  be  falling,  and  the  veil  between  us  and  the  happy 
future  we  are  looking  to  on  earth,  already  descending. 
Yesterday  the  Palmetto  State  mourned,  in  these  halls, 
the  loss  of  her  venerable  Senator.  To-day  the  Granite 
State  follows  her  example.  And,  with  these  notes  of 
sorrow  from  the  South  and  the  North,  how  fully  can 
the  West  sympathize,  where,  in  a  single  State,  three 
members  of  the  last  and  present  Congress  have  been 
called  to  the  last  home  appointed  for  all  the  living. 
Soon  all  of  us  shall  be  with  them. 

"  Let  it  be  our  earnest  endeavor  so  to  act  that, 
when  the  gates  of  life,  after  creaking  a  while  on  their 
hinges,  have  closed  behind  us  forever,  we  shall  not  be 
gladly  forgotten  by  our  friends  and  associates  before 
this  frail  tenement  has  mouldered  into  its  kindred  dust, 
or  the  funeral  flowers  of  the  churchyard  have  blossomed 
over  our  graves ;  but  rather  leave  behind  us  histories 
embalmed  in  their  memories,  and  worthy  of  their  ap 
proval  and  imitation.  Then,  when  we  join,  as  each 
one  of  us  in  turn  must  join,  '  that  innumerable  caravan 
which  moves  on  to  the  pale  realms  of  shade,'  we  may, 
as  did  the  Senator  from  New  Hampshire,  when  he 


88  LIFE   OF   SCHUYLER   COLFAX. 

turned  his  face  to  the  wall,  and  his  back  on  the  world, 
go  down  to  the  valley  of  the  shadow  of  Death  with  that 
calm  and  unshaken  confidence  and  faith  which  robs 
its  untried  pathways  of  their  terror,  while  it  consoles  so 
inexpressibly  the  sorrowing  kindred  whom  we  leave 
behind." 

On  the  23d  of  December,  1857,  a  resolution  was 
offered  in  the  House,  by  Mr.  Warren,  of  Arkansas,  for 
the  expulsion  from  the  House  of  the  Delegate  from 
Utah,  on  account  of  the  hostile  attitude  of  the  people 
of  that  Territory  towards  the  Government  and  laws  of 
the  United  States.  The  resolution  gave  rise  to  an 
animated  debate,  and  was  ably  opposed  by  Messrs. 
Banks,  of  Massachusetts,  Bocock,  of  Virginia,  Mar 
shall,  of  Kentucky,  and  Davis,  of  Maryland,  who  took 
ground  that  notwithstanding  the  condition  of  affairs 
in  Utah,  that  Territory  still  had  a  right  to  representa 
tion  in  the  House.  Mr.  Colfax,  on  the  other  hand, 
warmly  supported  the  resolution,  declaring  that  the 
House  and  the  Government  owed  it  to  their  own  dig 
nity,  as  well  as  to  the  dignity  of  the  country,  to  hold 
no  friendly  intercourse  with  the  rebels  in  Utah  until 
they  submitted  in  good  faith  to  the  laws  of  the 
land.* 

On  the  14th  of  January,  1858,  the  House  being  in 
Committee  of  the  Whole  on  the  neutrality  laws,  Mr. 
Colfax  declared  it  to  be  the  duty  of  the  Government  to 
protect  the  honor  of  the  nation  by  making  these  laws 
more  rigid,  and  compelling  obedience  to  them,  so  that 
an  end  should  be  put  to  the  fillibustering  expeditions 
*  See  Appendix,  IV. 


KEMAEKS   ON   THE   NEUTRALITY  LAWS.  89 

by  which  the  country  had  been   recently   disgraced. 
He  said : 

"  Mr.  Chairman,  I  concur  with  the  language  which 
fell  from  the  gentleman  from  New  York  [Mr.  John 
Cochrane]  when  he  offered  his  amendment;  and  I 
liked  that  amendment,  because  it  was  clear  and  deci 
sive.  It  meant  something.  It  would  have  called  forth 
an  expression  of  the  opinion  of  the  committee  upon  the 
question  which  is  now  agitating  this  entire  country. 
But  I  regret  that  the  gentleman  should  have  afterward 
modified  his  amendment  so  that  it  would  call  for  no 
expression  of  opinion  whatever  ;  and  I  now  offer  my 
amendment  to  the  amendment  for  the  purpose  of  hav 
ing  a  test  vote  in  the  committee  upon  the  question 
whether  they  believe  the  neutrality  laws  ought  to  be 
made  more  rigorous  and  efficient,  or  not.  We  owe  it 
to  ourselves,  and  to  our  country's  reputation,  that  we 
shall  see  that  these  laws  shall  not  be  full  of  loop-holes 
and  escapes  whereby  expeditions  can  go  from  our 
shores  under  the  disguise  of  agricultural  expeditions 
and  bands  of  emigrants,  and  that  we  shall  never  allow 
this  country  to  be  made  a  place  where  expeditions  of  a 
piratical  character  may  be  fitted  out  and  precipitated 
upon  other  and  weaker  nations  in  our  vicinity.  I, 
therefore,  desire  to  ascertain  the  sense  of  this  com 
mittee,  that  a  clear  expression  of  their  opinion  may  be 
sent  to  the  country  upon  this  important  question.  I 
desire  a  test  vote  upon  this  question." 

On  the  3d  of  February,  1858,  the  Committee  on 
Invalid  Pensions  reported  a  bill  to  the  House,  granting 
pensions  to  the  officers  and  soldiers  of  the  war  with 


90  LIFE   OF   SCHUYLER   GOLF  AX. 

Great  Britain  of  1812,  and  those  engaged  in  the  Indian 
wars  of  that  period.  An  effort  was  made  to  refer  the 
bill  to  the  Committee  of  the  Whole  on  the  State  of  the 
Union,  the  adversaries  of  the  measure  hoping  that 
they  would  be  able  by  such  a  stratagem  to  defeat  it. 
They  argued  that  the  bill  would  require  an  appropria 
tion  of  ten  millions  of  dollars  and  that  so  much  money 
could  not  be  spared  from  the  Treasury.  Indignant  at 
such  an  argument,  Mr.  Colfax,  the  life-long  friend  of 
the  soldier  and  sailor,  rose  in  his  place,  and  said  : 

"  The  very  fact  stated  by  the  gentleman  from  Ten 
nessee  [Mr.  Jones],  that  this  bill  is  a  bill  of  importance, 
requires,  it  seems  to  me,  that  we  should  keep  it  with 
in  our  control,  as  is  proposed  by  the  gentleman  who 
reported  it  [Mr.  Savage]  ;  that  we  should  not  send  it 
to  that  '  tomb  of  the  Capulets  r  —  the  Committee  of 
the  Whole  on  the  State  of  the  Union — where  it  will  be 
overslaughed,  as  it  was  in  the  last  session,  by  political 
discussions,  by  appropriation  bills,  which  take  prece 
dence  there  over  every  other  subject,  and  thus,  perhaps, 
prevent  a  test  vote  being  taken  on  it  through  the  whole 
Congress. 

"  I  believe  that  if  the  people  of  the  United  States 
were  to  be  consulted,  you  would  find  that  public  opin 
ion  is  almost  undivided  on  this  matter,  and  that  the 
great  masses  of  the  people  would  say  that  it  is  more 
patriotic  as  well  as  more  beneficent  to  make  an  appro 
priation  of  the  public  funds  for  such  a  purpose  than  to 
spend  them  by  the  million,  as  has  been  done,  for  water 
works  for  this  city,  and  in  reckless  expenditures  all 
over  the  land. 


PENSION  BILL.  91 

"  This  is  a  debt  of  individual  justice  and  of  national 
honor.  All  of  those  men  who  were  in  the  second  war 
of  American  independence  are  now  in  the  evening  of 
their  days  and  decline  of  their  lives ;  and  the  small 
pittance  proposed  by  this  bill  to  be  given  to  them 
would  assist  at  least  in  smoothing  their  passage  to  the 
grave. 

"  For  these  reasons,  and  for  the  fact  that  I  do  not 
wish  to  see  the  bill  overslaughed  by  the  appropriation 
bills,  which  are  always  certain  to  pass,  from  the  many 
interests  involved  in  them,  even  if  they  were  postpon 
ed  till  the  last  week  of  the  session  ;  and  because  it  is 
due  to  the  numerous  petitioners  for  a  bill  of  this 
character,  and  to  the  persons  specially  interested  in 
its  passage,  that  it  should  be  decided,  in  the  affirma 
tive  or  negative,  I  wish  to  see  a  debate  had  upon 
its  merits,  and  a  vote  upon  its  merits  on  the  yeas 
and  nays.  I  hope,  therefore,  that  the  bill  may  be 
kept  within  the  control  of  the  House,  and  that  the 
motion  to  postpone  it  to  a  specific  day  will  be  agreed 
to." 

On  the  5th  of  April,  1858,  in  the  debate  on  the 
"Washington  Police  bill,  he  declared  that  he  wanted  no 
partisan  police  in  the  Federal  Capital.  He  wanted  a 
good  police  force,  chosen  without  regard  to  the  politi 
cal  opinions  of  its  members,  but  he  would  not  have  it 
a  partisan  organization.  "  We  have,"  said  he,  "  a  par 
tisan  police  in  this  city  now,  and  we  want  no  more 
such ;  for  human  life  is  as  unsafe  here  as  it  is  in  the 
Alps  or  the  Apennines." 

On  the  24th  of  May,  in  the  debate  on  the  bill  to 


92  LIFE   OF   SCHUYLER   COLFAX. 

regulate  the  municipal  elections  of  "Washington  City, 
he  submitted  an  amendment,  which  provided  that  a 
voter,  after  removing  from  one  ward  of  the  city  to  an 
other,  could  not  return  to  his  original  ward  and  vote 
at  any  election,  but  must  remain  in  the  ward  to  which 
he  had  removed  until  he  should  have  acquired  a  resi 
dence  there.  The  amendment,  however,  was  rejected. 

On  the  27th  of  May,  he  moved  that  the  amount 
appropriated  for  the  Post  Office  Department  be  re 
duced  from  $3,500,000  to  $1,500,000. 

"  I  know,"  said  he,  "  gentlemen  will  tell  me  that 
this  is  not  a  sufficient  amount.  I  know  it  is  not  suffi 
cient  ;  but  at  the  close  of  these  remarks  I  shall  make 
an  additional  motion  which  will  directly  increase  the 
revenues  of  the  Post  Office  Department.  I  should 
have  made  it  now,  but  I  thought  it  would  be  ruled  out 
of  order,  as  nearly  all  my  motions  looking  to  retrench 
ment  and  reform  have  been. 

u  Now,  sir,  my  proposition  is  to  abolish  the  frank 
ing  privilege ;  and  I  hope  the  House  will  sustain 
me  in  the  motion.  It  is  not  only  an  expensive  bur 
den  upon  the  mails,  but  it  is  a  great  burden  upon 
members  themselves.  I  know  I  shall  be  told  that 
this  is  all  for  Buncombe  ;  but  I  ask  members  if  what 
I  have  said  is  not  correct  ?  As  long  as  it  exists, 
members  are  expected  to  answer  almost  innumerable 
letters,  many  of  them  written  because  they  are  free  of 
postage,  until  it  is  almost  necessary  for  a  member  to 
employ  a  secretary  to  transact  this  description  of  busi 
ness. 

"  Now,  sir,  if  you  will  abolish  the  franking  privi- 


PROPOSES   TO   ABOLISH   THE   FRANKING   PRIVILEGE.     93 

lege,  as  the  British  Government  has  done,  I  think  the 
postages  will  defray,  or  very  nearly  defray,  the  expenses 
of  the  Post  Office  Department.  *  *  *  The  gentleman 
from  Virginia  [Mr.  Letcher]  yesterday  proposed  *  *  * 
to  increase  the  rates  of  postage  on  letters  to  five  cents 
instead  of  three.  Now,  I  prefer,  instead  of  increasing 
the  taxes  on  the  people,  to  try  another  sort  of  reform, 
by  making  all  mail  matter  pay  postage,  and  see  if  that 
does  not  replenish  the  exhausted  coffers  of  the  Post 
Office  Department.  You  may,  if  you  think  proper, 
provide  that  public  documents  shall  go  through  the 
mails  free  of  postage.  Let  this  be  done  upon  their 
being  stamped  by  the  Departments  by  which  they  were 
issued,  and  it  will  not  interfere  with  the  principle. 
And  now,  having  explained  the  reasons  for  my  course, 
I  move  still  further  to  amend  by  adding  at  the  end  of 
my  amendment  the  following ;  which  I  think  is  clearly 
in  order,  if  any  thing  intended  to  make  our  receipts 
equal  to  our  expenditures  is  in  order  here  : 

"  'And  that,  to  aid  in  rendering  the  revenues  of 
the  Department  sufficient  to  meet  the  appropriations 
of  this  act,  the  franking  privilege  is  hereby  abolished.1  r 
.  '.*  The  Chairman,  the  House  being  in  Committee  of 
the  Whole,  ruled  the  amendment  out  of  order,  and  it 
was  lost. 

Throughout  the  whole  session,  he  identified  himself 
with  the  cause  of  retrenchment  and  reform,  struggling 
always,  and  often  vainly,  to  cut  down  the  expenses  of 
the  Government  to  the  lowest  practicable  amount. 
That  he  was  generally  unsuccessful  was  through  no 
fault  of  his.  The  House  was  very  much  given  to  ex- 


94  LIFE  OF  SCHUYLEE  COLFAX. 

travagant  notions  at  that  time,  and  all  propositions, 
from  whatever  source,  of  an  economical  nature,  met  a 
decided  hostility  at  the  hands  of  the  majority. 

On  the  20th  of  March,  1858,  in  reply  to  Mr. 
Barksdale,  of  Mississippi,  he  delivered  his  second  great 
speech  on  the  condition  of  affairs  in  Kansas,  pleading 
the  cause  of  that  unhappy  Territory  with  an  earnest 
ness  and  eloquence  that  have  made  his  name  famous 
throughout  Free  America.  He  demanded  the  admis 
sion  of  the  Territory  as  a  State  under  the  Free  State 
Constitution,  and  denounced  all  efforts  to  prevent  that 
result  as  an  outrage  upon  the  people  of  Kansas,  and 
upon  Freedom.  He  branded  the  Lecompton  Con 
stitution  as  a  "juggle,"  and  severely  rebuked  the  Presi 
dent  for  his  persistent  advocacy  of  it. 

"  Imagine,  sir,"  he  exclaimed,  in  conclusion, 
"  George  Washington  sitting  in  the  White  House,  that 
noble  patriot,  whose  whole  career  is  a  brilliant  illustra 
tion  of  honor  and  purity  in  high  places ;  and  who 
doubts  that  if  such  a  Constitution  as  this  had  been  sub 
mitted  to  him  for  his  sanction,  he  would  have  spurned 
from  his  door  with  contempt  and  scorn  the  messenger 
who  bore  it  ?  Or,  ask  yourself  what  would  have  been 
the  indignant  answer  of  Thomas  Jefferson,  who  pro 
claimed  as  the  battle-cry  of  the  Revolution  that  great 
truth  enshrined  in  the  Declaration  which  has  made  his 
name  immortal,  and  which  scattered  to  the  winds  the 
sophistries  and  technicalities  of  the  royalists  of  our 
land,  that  '  all  Governments  derive  their  just  powers 
from  the  consent  of  the  governed ; '  not  the  implied 
consent  of  enforced  submission,  but  the  actual,  undeni- 


ELOQUENT   PERORATION.  95 

able,  unquestioned  consent  of  the  freemen  who  are  to 
bear  its  burdens  and  enjoy  its  blessings.  If  a  messen 
ger  had  dared  to  enter  the  portals  of  the  White  House 
when  that  stern  old  man  of  iron  will,  Andrew  Jackson, 
of  Tennessee,  lived  within  it,  and  asked  him  to  give  his 
indorsement  and  approval,  the  sanction  of  his  personal 
character  and  official  influence,  to  a  Constitution  reek 
ing  with  fraud,  which  its  frarners  were  seeking  to  enforce 
on  a  people  who  protested  and  denounced  and  loathed 
and  repudiated  it,  and  to  go  down  to  history  as  its 
voluntary  advocate  and  champion,  that  messenger,  I 
will  warrant,  would  have  remembered  the  torrent  of 
rebuke  with  which  he  would  have  been  overwhelmed, 
to  the  latest  hour  of  his  life. 

"I  turn  gladly,  joyfully  from  the  consideration 
of  the  extraordinary  arguments  to  which  I  have  al 
luded,  to  a  brighter,  happier  picture,  if  you  will  only 
allow  it  to  be  painted.  The  President  complains  that 
he  is  tired  of  Kansas  troubles,  and  desires  peace.  How 
easy  is  it  to  be  obtained !  Not  by  forcing,  with  des 
potic  power  and  hireling  soldiery,  a  Constitution  hated 
and  spurned  by  the  people,  upon  a  Territory  that  will 
rise  in  arms  against  it ;  not  by  surrendering  the  power 
and  authority  of  an  infant  State  into  the  hands  of  a 
pitiful  minority  of  its  citizens,  who,  by  oppressive  laws, 
and  persistently  fraudulent  elections,  have  continued 
to  wield  the  power  which  a  shameless  usurpation  ori 
ginally  gave  them ;  but  by  simply  asking  the  people 
of  Kansas,  under  your  own  authority,  if  you  persist  in 
rejecting  the  vote  authorized  by  their  Legislature,  the 
simple,  and  yet  essential  question,  '  Do  you  desire 


96  LIFE   OF   SCHUYLER   COLFAX. 

Congress  to  ratify  the  Lecompton  Constitution,  or  the 
new  Constitution  now  being  framed?1  How  easy  is 
the  pathway  to  peace,  when  justice  is  the  guide !  how 
rugged  and  devious  is  the  pathway  of  error  when 
wrong  lights  the  road  of  her  followers  with  her  lurid 
torch,  I  have  endeavored  to  show. 

"The  people  of  Kansas,  through  every  possible 
avenue  which  has  not  been  closed  by  their  enslavers, 
have  remonstrated  to  you  against  this  great  wicked 
ness.  By  ten  thousand  majority  at  the  polls ;  by  the 
unanimous  protest  of  their  Legislature;  by  public 
meetings ;  by  their  newspaper  press,  and  by  the  voice 
of  their  Delegate  upon  this  floor,  overwhelmingly 
elected  less  than  six  months  past,  they  ask  you  to  re 
pudiate  this  fraud.  Dragged  here,  bound  hand  and 
foot  by  a  Government  office-holder — who,  besides  draw 
ing  his  pay  as  surveyor-general,  acts  also  as  president 
of  the  Lecompton  Convention;  who  becomes,  by  its 
insolent  discarding  of  all  your  Territorial  officers,  as 
well  as  the  people's,  the  recipient  of  all  the  returns, 
fraudulent  as  well  as  genuine,  and  the  canvasser  of  the 
votes — she  appeals  to  you  to  release  her  from  the  grasp 
of  this  despot  and  dictator,  and  to  let  her  go  free.  In 
the  language  of  an  eloquent  and  gifted  orator  of  my 
own  State,  I  say,  '  When  she  comes  to  us,  let  it  be  as 
a  willing  bride,  and  not  as  a  fettered  and  manacled 
slave.1 " 

This  whole  speech  is  a  masterly  exposition  of  the 
trickery  and  outrages  practised  by  the  Border  Ruffians 
at  the  Kansas  elections.'  It  created  a  marked  sensa 
tion  in  the  House,  and  throughout  the  country.  The 


EFFORTS   IN   BEHALF   OF   THE   INDIANS.  97 

people  of  Kansas  felt  that  so  long  as  Schuyler  Colfax 
remained  in  Congress,  they  would  have  at  least  one 
fearless,  able  champion,  who  would  never  shrink  from 
defending  their  rights  when  unjustly  assailed,  and  de 
nouncing  their  oppressors.  The  esteem  and  confidence 
entertained  by  the  Great  West  for  its  young  Repre 
sentative  grew  greater  every  day;  and  among  the 
people  of  his  own  district  it  began  to  be  an  acknowl 
edged  fact,  that  Mr.  Colfax  could  and  would  remain 
in  Congress  as  long  as  he  felt  disposed  to  do  so. 

During  the  second  Session  of  the  Thirty-Fifth 
Congress,  which  met  on  the  6th  of  .December,  1858, 
Mr.  Colfax  continued  to  serve  on  the  Indian  Copimit- 
tee,  winning  all  the  while  a  reputation  for  industry 
and  capacity  as  a  committee-man,  equal  to  that  he  had 
gained  as  a  debater. 

On  the  6th  of  January,  1859,  he  presented  a  bill 
for  the  organization  of  a  new  Territory,  to  be  called 
"Colona;'7  but  beyond  a  reference  to  the  Committee 
on  Territories,  no  action  was  ever  taken  upon  it. 

On  the  2d  of  February,  1859,  Mr.  Greenwood, 
from  the  Committee  on  Indian  Affairs,  reported  a  bill 
to  authorize  the  issuance  of  patents  to  certain  Indians, 
and  for  other  purposes.  The  bill  provided,  "That 
patents  shall  be  issued  for  lands  allotted  to  the  Shawnee 
tribe  of  Indians,  under  the  treaty  of  May  10th,  1854, 
under  such  rules  and  restrictions  as  the  Commissioner 
of  Indian  Aifairs  shall  see  fit  to  prescribe  ;  and  that 
patents  shall  be  issued  to  all  other  Indians  to  whom 
lands  have  been  set  apart  in  severalty."  It  also  pro 
vided,  "That  any  Indian  to  whom  a  patent  shall  be 
7 


98  LIFE   OF   SCHUYLEE   COLFAX. 

issued  under  this  or  any  other  Act  of  Congress,  may 
become  a  citizen  upon  filing  a  declaration  to  that  effect, 
and  upon  presenting  proof  before  any  Judge  of  the 
District  or  Circuit  Court  of  the  United  States,  that  he 
is  able  to  take  care  of  his  own  affairs,  and  is  otherwise 
qualified  to  become  a  citizen ;  and  the  said  Judge  shall 
thereupon  administer  an  oath  to  support  the  Constitu 
tion  of  the  United  States,  and  he  shall  issue  a  certificate 
of  citizenship  to  such  Indian,  and  furnish  a  duplicate 
of  the  same  to  the  Commissioner  of  Indian  Affairs." 

The  bill  met  with  considerable  opposition,  the  prin 
cipal  part  of  which  came  from  the  Southern  members, 
who  seemed  to  think  that  any  concession  on  their  part 
upon  this  subject  would  weaken  their  position  upon 
the  Slavery  question. 

During  the  debate,  Mr.  Colfax  rose,  and  said: 
"The  confusion  has  been  so  great  that  the  remarks 
which  have  been  made  have  not  been  heard  upon  this 
side  of  the  House.  The  gentleman  from  Alabama 
makes  objection  to  this  bill  upon  the  ground  that  the 
Indian,  as  a  race  or  as  a  tribe,  is  incompetent  to  attend 
to  his  own  business,  and,  therefore,  if  we  give  him  the 
privilege  of  alienation,  sharpers  in  trading  with  him  will 
rob  him  of  his  homestead,  or  of  what  Congress  intends 
to  give  him.  But,  if  that  gentleman  will  consult  the 
Delegate  from  that  Territory,  or  the  present  Commis 
sioner  of  Indian  Affairs,  Mr.  Denver,  who  has  been 
Governor  of  that  Territory,  he  will  learn  that  these  In 
dians  are  quite  as  intelligent  in  trading  as  any  gentle 
man  in  this  House.  Many  of  them  have  assumed  the 
habits  of  white  men  in  the  Territory,  and  are  fully 


SPEECH   ON  INDIAN  AFFAIRS.  99 

competent  to  attend  to  their  own  affairs.  This  bill 
provides  that  the  Indians  shall  only  be  allowed  to 
alienate  their  lands  under  such  restrictions  as  the  Com 
missioner  of  Indian  Affairs  shall  impose.  It  ought  to 
be  a  principle  of  our  Government,  so  far  as  it  is  con 
sistent  with  the  rights  of  the  Indians,  to  open  up  the 
country  to  settlement  and  improvement.  There  are 
water-powers  upon  these  lands  which  the  Indians  are 
unable  to  improve,  but  who,  by  taking  some  persons 
in  partnership  with  them,  would  be  enabled  by  the 
assistance  of  capital,  to  improve  them.  Towns  have 
been  located  upon  some  of  those  reservations,  titles  to 
lots  in  which  it  is  impossible  to  obtain;  and  as  my 
colleague  upon  the  Committee  on  Indian  Affairs 
[Mr.  Greenwood]  said,  it  has  become  a  matter  of  ne 
cessity  that  they  should  have  •  the  title  in  their  own 
hands,  for  the  purpose  of  protecting  the  timber  upon 
their  lands.  * 

"  I  have  one  further  remark  to  make.  This  provi 
sion  as  to  alienation  is  subject  to  every  restriction 
which  the  Commissioner  of  Indian  Affairs  sees  fit  to 
make.  There  is  no  member  of  this  House  who  will 
doubt  that  if  Mr.  Denver,  the  Commissioner  of  Indian 
Affairs,  should  come  to  this  House  and  say  that  to 
allow  a  certain  single  Indian  to  alienate  a  certain  quar 
ter-section  of  land  would  be  judicious,  Congress  would 
grant  him  that  authority ;  for  the  Commissioner  of 
Indian  Affairs  has  been  very  rigorous  in  his  decisions  in 
favor  of  the  Indians,  and  vigorous  in  protecting  them 
from  the  encroachment  of  settlers. 

"I  think  if  we  decide  to  develop  the  resources 


100  LIFE   OF   SOIIUYLER   COLFAX. 

of  the  Territory  of  Kansas,  and  allow  civilization  to 
progress  there,  we  ought  to  pass  a  bill  of  this  character, 
with  the  severe  restrictions  and  guards  which  are 
thrown  around  it." 

The  bill,  after  some  further  debate,  was  put  on  its 
passage,  and  rejected  by  a  vote  of  91  nays  to  82  yeas. 

On  the  17th  of  February,  1859,  he  protested  against 
that  section  of  the  Post-Office  Bill  (to  abolish  the 
franking  privilege,  &c.)  requiring  the  prepayment  of 
the  postage  on  newspapers  before  their  delivery  at  any 
post-office  for  transmission  in  the  mails.  He  said  it 
would  require  every  newspaper  publisher  in  this  country 
to  prepay  the  postage  on  his  entire  circulation,  and 
would  ruin  half  the  newspapers  in  the  country ;  and 
declared  that  such  a  measure  had  never  been  asked  for, 
or  desired  by  any  one. 

On  the  25th  of  February,  during  the  consideration 
of  the  Naval  Appropriation  Bill,  he  offered  an  amend 
ment  providing  that  Commodore  Paulding  should  be 
indemnified  out  of  the  Naval  fund  to  be  appropriated 
by  this  bill,  for  any  expense  to  which  he  might  be  sub 
jected  by  suits  "  arising  out  of  his  arrest  of  General 
William  Walker,  and  his  associates,  on  the  shores  of 
Nicaragua." 

The  Chairman  of  the  Committee  of  the  Whole  de 
cided  that  the  amendment  was  not  in  order ;  where 
upon  Mr.  Colfax  appealed  from  the  decision  of  the 
Chair.  He  said : 

"  We  are  appropriating  money  for  contingencies  of 
the  navy,  for  legal  expenses,  for  courts-martial,  for 
courts  of  inquiry.  It  is  right  for  us  to  say  how  that 


THE   PUBLIC   PRINTING.  101 

money  shall  be  expended  ;  and  I  think  that  some  of  it 
ought  to  be  expended  in  protecting  a  gallant  com 
mander  for  performing  an  act  that  has  been  indorsed 
by  this  House." 

Always  jealous  of  the  honor  of  his  country,  Mr. 
Colfax  knew  how  to  sympathize  Vith  one  who  could 
dare  to  uphold  it. 

The  House  sustained  the  decision  of  the  Chair, 
however,  and  the  amendment  was  not  received. 

He  opposed  vehemently  the  extravagant  ideas  pre 
sented  in  the  "  Consular  arid  Diplomatic  Appropria 
tion  Bill,"  and  moved  to  dispense  with  the  mission 
to  Persia,  which  it  was  proposed  to  establish. 

"My  reason  for  making  this  motion,"  said  he,  "is, 
that  we  have  no  minister  at  Persia,  nor  do  I  see  any 
necessity  for  having  any  there,  at  present.  Certainly 
at  a  time  when  the  Treasury  of  the  Government  is 
bankrupt  and  unable  to  pay  its  debts,  and  when  the 
people  expect  retrenchment  of  us,  we  should  not  en 
large  the  diplomatic  expenses  of  the  country,  except  for 
some  controlling  reasons." 

On  the  26th  of  February,  1859,  the  Committee  of 
the  Whole  resumed  the  consideration  of  this  bill,  and 
among  the  amendments  to  it  recommended  by  the  Com 
mittee  of  Ways  and  Means,  was  one  which  directed 
the  Superintendent  of  Public  Printing,  in  any  case 
where  both  Houses  had  ordered  the  printing  of  any 
public  document,  "to  cause  the  order  of  the  House 
last  making  the  order  to  print  such  document  to  be 
executed  by  the  Printer  of  the  House  first  ordering 
the  same,"  &c. 


102  LIFE   OF   SCHUYLER   COLFAl. 

This  was  a  shrewd  move  on  the  part  of  the  Demo 
crats  to  place  the  public  printing  entirely  in  the  hands 
of  the  Senate  Printer,  who  was  a  member  of  their 
party.  It  was  quickly  detected  by  Mr.  Colfax,  who, 
quietly  rising  in  his  place,  exposed  the  entire  game 
of  the  Democracy,  by  saying:  "In  case  there  should 
be  an  Opposition  Printer  to  the  next  House,  and  a 
Democratic  Printer  to  the  Senate,  all  reports  may  be 
made  to  the  Senate  first,  and  their  printer  will  have  all 
the  printing." 

At  a  later  period  of  the  debate,  he  moved  to  amend 
the  amendment  reported  by  the  Committee  of  Ways 
and  Means,  by  inserting  the  following,  at  the  end  of 
the  section : 

"  Provided,  That  all  public  documents  shall  be  laid 
before  both  Houses  simultaneously." 

Some  objection  being  made  that  some  documents 
were  only  intended  for  one  House,  he  said  : 

"  The  object  of  this  amendment  is  clear  and  legiti 
mate.  The  Senate  amendment  provides  that  the 
Printer  of  the  House  which  shall  first  order  a  public 
document  shall  have  the  printing  of  that  document  for 
both  Houses,  and  that  only  one  composition  shall  be 
charged.  My  amendment,  as  worded,  could  not  apply 
to  those  documents  ordered  by  only  one  House  ;  but, 
in  order  that  there  may  be  no  misunderstanding,  I  will 
modify  it  so  that  it  may  read : 

"  c  Provided  that  all  public  documents  designed  for 
both  Houses,  shall  be  sent  to  both  Houses  simulta 
neously.1 

"MR.  HOUSTON.  I  would  like  to  have  the  gentleman 


EXPOSES   A   DEMOCRATIC   TRICK.  103 

tell  me  the  purpose  of  his  amendment.  What  does  he 
propose  to  accomplish  by  it  ? 

"  MR.  COLFAX.  I  will  tell  the  gentleman  what  the 
object  is :  It  is  to  prevent  the  Departments,  when 
there  is  one  Printer  of  one  politics  in  one  House,  and 
of  another  in  the  other,  from  giving  all  the  heavy  work 
to  the  Printer  of  their  own  politics." 

While  by  no  means  an  advocate  of  the  doctrine  of 
u  State  Rights,"  as  usually  understood,  there  are  few 
men  more  thoroughly  devoted  to  and  jealous  of  the  in 
terests  and  honor  of  their  State  than  Mr.  Colfax.  The 
good  name  of  Indiana  is  as  dear'  to  him  as  his  own, 
and  he  is  always  quick  to  defend  it.  During  this  ses 
sion,  one  of  the  members  of  the  House  denounced  that 
Commonwealth  as  "  a  bankrupt  State."  A  few  days 
later,  Mr.  Colfax'  presented  a  letter  from  the  Clerk  of 
the  Committee  of  Ways  and  Means  of  the  Indiana 
Legislature,  giving  a  clear  statement  of  the  financial  con 
dition  of  the  State,  and  of  the  action  of  the  Legislature 
upon  the  subject.  When  the  letter  was  read,  he  said : 

"  The  Government  is  possessed  of  some  $106,000 
trust  funds,  belonging,  by  sacred  compact,  to  the  State 
of  Indiana,  guaranteed  to  her  upon  her  admission  into 
the  Union — a  trust  fund  which  the  Government  had 
no  right  to  seize  for  the  repayment  of  debt,  or  for  the 
liquidation  of  an  investment  which  the  State  did  not 
invite.  She  lias  made  an  honorable  adjustment  of -.all 
her  debts  with  her  creditors — an  adjustment  satisfactory 
to  them,  and,  indeed,  proposed  by  them  ;  and  has  ever 
since  been  paying  her  interest  regularly.  When  the 
Government  refunds  to  her  the  trust  funds  they  have 


104  LIFE    OF   SCHUYLER   COLFAX. 

withheld  by  the  exercise  of  their  power,  it  will  be  time 
enough  for  gentlemen  to  ask  her  to  place  the  Govern 
ment  on  a  par  with  her  other  creditors." 

Still  continuing  his  efforts  for  retrenchment  and 
reform,  Mr.  Colfax,  on  the  21st  of  February,  1859,  the 
House  being  in  Committee  of  the  Whole  on  the  Post 
Office  Appropriation  Bill,  moved  to  amend  the  bill 
by  striking  out,  "  For  blanks,  $100,000,"  and  inserting 
in  lieu  thereof  the  following  : 

"For  blanks,  $80,000,  to  be  printed  by  the  lowest 
responsible  bidder,  after  advertisements  inviting  bids 
for  the  same  shall  have  been  published  at  least  thirty 
days  by  the  Post  Master  General." 

He  said,  in  support  of  his  amendment :  "I  have 
two  reasons  for  offering  this  amendment.  The  first  is, 
that  the  sum  for  printing  blanks  has  been  largely  in 
creasing  within  the  past  few  years,  while  every  other 
item  of  the  incidental  expenses  of  the  Post  Office  De 
partment  has  only  gone  on  pari  passu  with  the  ordi 
nary  progress  of  postal  business.  For  instance :  the 
items  for  mail  bags,  wrapping  paper,  locks,  keys, 
stamps,  etc.,  are  the  same  as  they  were  three  years 
ago,  and  a  very  small  increase  beyond  what  they  were 
in  1852,  seven  years  ago.  This  item,  on  the  contrary, 
has  more  than  doubled  in  that  time.  The  appropria 
tion  in  1852  was  only  $45,000,  increasing  in  1856  to 
$80,000,  and  now  coming  up  to  $100,000.  I  think 
that  we  ought  to  retrench  here,  for  I  am  certain  that 
double  the  amount  of  blanks  is  not  required  now,  that 
were  required  in  1852,  the  other  incidental  expenses 
of  the  Department  remaining  nearly  the  same. 


POSTAL  AFFAIRS.  105 

"  The  second  reason  for  my  amendment  is  this : 
both  branches  of  Congress,  by  deliberate  votes,  at  the 
last  Session,  passed  a  law  requiring  these  blanks  to  be 
printed  by  the  lowest  bidder  ;  but  when  the  Post  Of 
fice  Appropriation  Bill  was  sent  to  a  Committee  of 
Conference,  in  the  expiring  hours  of  the  Session,  that 
clause  was  struck  out,  with  others  like  it,  that  had 
been  agreed  upon  by  both  Houses.  This  is  within  the 
knowledge  and  recollection  of  the  members  of  this 
House.  This  provision  ought  to  be  placed  in  the  ap 
propriation  bill,  and  ought  to  be  the  general  law  of  the 
land  in  regard  to  this  thing." 

These  arguments  were  irresistible,  and  Mr.  Colfax 
had  the  pleasure  of  seeing  his  amendment  adopted. 


CHAPTER  V. 

Reelection  to  the  86th  Congress —Majority  in  this  Election  —  Meet 
ing  of  Congress — Situation  of  the  Country — The  Sectional  Trou 
bles—The  John  Brown  Raid — The  Contest  for  Speaker— Mr.  Clark's 
Resolution  —  Denunciation  of  the  Republicans — Greeley  on  the 
"  Helper  Book."— The  Contest  for  Speaker  a  hard  fight— Mr.  Colfax's 
Defence  of  the  Republican  Party — Maintains  the  Right  of  his  Party 
to  elect  a  Speaker — Manly  Assertion  of  his  Independence — Mr.  Col- 
fax  maintains  the  Freedom  of  the  Press,  and  administers  a  sharp  Re 
buke  to  the  Democrats — Hopelessness  of  the  Contest  for  the  Speaker- 
ship — Withdrawal  of  Mr.  Sherman  and  Election  of  Mr.  Pennington- 
Mr.  Colfax  is  made  Chairman  of  the  Post  Office  Committee— Efforts 
in  behalf  of  the  Pacific  States  and  Territories — Supports  Mr.  Lincoln 
for  President — A  prophetic  Announcement. 

IN  the  fall  of  1858,  the  elections  for  members  of 
the  Thirty-Sixth  Congress  were  held.  Mr.  Colfax 
was  again  the  nominee  of  his  party.  A  strenuous 
effort  was  made  to  defeat  him,  but  he  was  reflected 
by  the  triumphant  majority  of  1,931  votes. 

The  First  Session  of  the  Thirty-Sixth  Congress 
opened  in  Washington  City  on  the  5th  of  December, 
1859.  The  country  was  in  great  agitation.  The 
Slavery  question  had  reached  a  point  from  which 
there  seemed  to  be  no  retreat  for  either  party,  and 
the  two  Sections  were  rapidly  becoming  more  and 
more  embittered  against  each  other.  The  Presidential 
Campaign  of  1860  was  close  at  hand,  and,  worse  than 
*  all,  the  invasion  of  Virginia  by  John  Brown,  and  his 
subsequent  execution  by  the  authorities  of  that  State, 


"THE  HELPER  BOOK."  107 

had  brought  matters  to  a  crisis,  which  wise  and  fore 
seeing  men  felt  would  be  fatal  to  the  peace  and  happi 
ness  of  the  country.  The  whole  land  rang  with  the 
angry  voices  of  the  contending  parties,  and  the  prudent 
counsels  of  those  who  dreaded  the  ultimate  results  of 
these  things,  were  unheeded  or  unheard. 

The  struggle  at  once  extended  to  Congress,  and 
was  carried  on  there  with  a  bitterness  that  is  even  now 
surprising.  It  manifested  itself  first  in  the  contest  for 
the  Speakership.  The  Republicans  nominated  John 
Sherman,  of  Ohio,  as  their  candidate,  and  the  Dem 
ocrats,  Thonlas  S.  Bocock,  of  Virginia,  as  theirs.  On 
the  first  ballot  Mr.  Bocock  received  86,  and  Mr.  Sher 
man  66  votes.  The  vote  had  hardly  been  announced, 
when  Mr.  John  B.  Clark,  of  Missouri,  offered  the  fol 
lowing  resolution : 

u  Whereas  certain  members  of  this  House,  now  in 
nomination  for  Speaker,  did  indorse  and  recommend 
the  book  hereinafter  mentioned, 

"Resolved,  That  the  doctrines  and  sentiments  of  a 
certain  book,  called  'The  Impending  Crisis  of  the 
South  ;  How  To  Meet  It,'  purporting  to  have  been 
written  by  one  Hinton  R.  Helper,  are  insurrectionary 
and  hostile  to  the  domestic  peace  and  tranquillity  of 
the  country,  and  that  no  member  of  this  House  who 
has  indorsed  or  recommended  it,  or  the  compend  from 
it,  is  fit  to  be  Speaker  of  this  House." 

This  proposition  embodied  the  views  of  the  extreme 
Southern  members  of  the  House,  during  this  memor 
able  Session.  No  one  who  differed  from  them  on  the 
question  of  Slavery,  or  who  dared  to  express  his  senti 
ments,  was  to  receive  any  thing  at  their  hands. 


108  LIFE   OF   SCHUYLER   COLFAX 

"  The  book  thus  advertised,"  says  Mr.  Greeley, 
"was  written  by  a  young  North  Carolinian,  of  the 
poorer  middle  class,  who,  having  migrated  to  Califor 
nia,  and  spent  some  time  in  the  Northern  States,  had 
imbibed  ideas  respecting  Slavery  which  it  was  not 
safe  to  express  in  his  native  State.  Those  ideas  he 
had  embodied  in  his  i  Impending  Crisis,1  which  was, 
in  substance,  a  vehement  appeal  to  the  poor  whites  of 
the  South  against  persistence  in  servility  to  the  Slave 
holders,  backed  by  ample  statistics  proving  Slavery 
specially  injurious  and  degrading  to  them,  as  well  as 
baleful  and  blighting  to  the  entire  South.  This  book, 
being  deemed  effective  as  an  anti-Slavery  argument, 
whether  in  the  North  or  in  the  South,  had  been  rec 
ommended  to  general  attention  in  a  circular  signed 
by  two-thirds,  at  least,  of  the  Republican  members  of 
the  last  Congress,  including,  of  course,  many  of  those 
returned  to  the  present.  Messrs.  Sherman  and  Grow, 
between  whom  the  Republican  vote  for  Speaker  was 
divided,  were  both  among  the  signers  of  this  circular. 
Hereupon,  Mr.  Clark  proceeded  to  make,  amidst  in 
terruptions  and  questions  of*  order,  such  a  speech  as  a 
Slaveholder  might  be  expected  to  make  on  such  a 
theme ;  urging  that  no  man  who  had  recommended 
such  a  book  as  Helper's,  ought  to  be  chosen  Speaker, 
and  insisting  on  discussing  the  contents  and  bearing 
of  that  book  at  leisure;  while  several  Republican 
members,  instead  of  reprehending  this  discreditable  in 
terruption  of  the  proper  business  of  the  House,  and 
demanding  that  the  Clerk  should  proceed  to  call  the 
roll  for  another  attempt  to  elect  a  Speaker,  rose  to 


CONTEST   FOR   SPEAKER.  109 

deprecate  and  explain,  and  apologize,  and  insist  that 
if  they  had  signed  a  recommendation  of  any  such 
book,  it  was  in  total  ignorance  of  its  contents,  which 
they  utterly  condemned  and  repudiated.  Thus,  amid 
great  confusion,  Mr..  Clark  carried  the  point  he  was 
aiming  at ;  and  the  House,  after  one  more  refusal — 
yeas  113  ;  nays,  115, — consented  to  adjourn  at  a  little 
past  two  o'clock,  without  taking  a  second  ballot  for 
Speaker."* 

Mr.  Clark's  resolution  was  denounced  by  the  more 
courageous  Republicans  in  no  unmeasured  terms,  and 
as  warmly  defended  by  the  pro-Slavery  element,  and 
the  war  of  words  was  fierce  and  bitter. 

Mr.  Colfax  took  an  active  part  in  the  debate,  giv 
ing  and  receiving  hard  blows  with  all  the  skill  of  an 
old  gladiator.  On  the  4th  of  January,  1860,  he  said, 
in  reply  to  the  charge  that  the  Republican  Party  had 
delayed  the  organization  of  the  House  : 

"  The  gentleman  from  Missouri  [Mr.  Anderson] 
yesterday  read  to  us  a  memorial  of  the  mail  contrac 
tors  that  we  should  organize,  and  then  made  a  speech 
suggesting  the  carrying  out  of  that  petition.  I  do  not 
know  whether  the  speech  was  authorized  by  the  mail 
contractors,  or  not ;  but  in  it  he  denounced  this  side 
of  the  House,  and  appealed,  as  usual,  to  the  c  Conser 
vative  members '  to  elect  a  Speaker.  I  have  only  to 
say,  if  in  this  he  was  the  organ  of  the  mail  contractors, 
and  if  that  speech  be  recognized  as  their  sentiments,  it 
is  not  calculated  to  promote  good  feeling  on  this  side 
of  the  House  towards  them. 

*  The  American  Conflict,— pp.  304,  305. 


110  LIFE   OF   SCHUYLER   COLFAX. 

"  We  have  appealed  to  the  other  side  over  and 
over  again,  to  apply  to  this  election  the  test  by  which 
every  member  holds  his  seat  upon  this  floor.  In  every 
State  of  the  Union,  from  Maine  to  California,  Repre 
sentatives  to  Congress  are  elected,  not  by  an  absolute 
majority  vote,  but  by  a  plurality  vote.  There  is  only 
one  exception,  I  believe,  and  that  is  the  State  of 
Rhode  Island;  and  there,  on  a  second  ballot,  a  plu 
rality  elects.  'Wisely  has  every  State  of  the  Union  de 
termined  that  if  the  people  choose  to  scatter  their  votes 
in  the  exercise  of  a  public  trust,  the  men  who  receive 
the  highest  number  of  votes  shall  be  elected,  so  that 
the  organization  of  the  Government  can  go  on,  and 
not  lapse  for  lack  of  a  majority  of  votes.  After  wait 
ing  here  patiently,  when  a  petition  comes  in  from  the 
mail  contractors,  asking  us  to  organize  and  pay  their 
honest  debts,  we  have  appealed  to  the  other  side  of 
the  House  to  apply  the  same  rule  to  the  election  of 
Speaker  that  was  applied  in  their  own  election,  and 
that  he  who  received  the  highest  number  of  votes, 
should  be  declared  elected.  We  have  waited  to  see  if 
there  would  be  any  coalition,  any  cement,  any  billing 
and  cooing,  by  which  a  majority  could  be  obtained  to 
defeat  the  gentleman  from  Ohio.  We  have  waited  for 
this  long  and  patiently ;  it  is  time  now,  when  gentle 
men  appeal  to  us  to  pay  the  debts  of  the  Government, 
and  when  they  themselves  stand  in  the  way  of  an  or 
ganization,  that  the  same  test  by  which  they  received 
the  credentials  which  entitle  them  to  seats  here,  shall 
be  applied  to  the  election  of  a  presiding  officer.  I  have 
been  surprised  to  hear  gentlemen  who  are  such  strict 


DEBATE   ON   "  THE   HELPER   BOOK."  HI 

\ 

constructionists  of  the  Constitution,  talk  about  elect 
ing  a  Speaker  pro  tempore  for  this  House.  Such  a 
thing  is  unknown  to  the  Constitution.  We  are  au 
thorized  by  the  Constitution  to  elect  a  Speaker.  We 
are  commanded  by  the  law  to  elect  a  Speaker  before 
we  proceed  to  other  business,  and  there  is  nothing  in 
the  Constitution  to  warrant  us  in  electing  a  Speaker 
pro  tempore. 

"  Mr.  Garnett. — Where  do  you  find  in  the  Consti 
tution  authority  to  delegate  the  power  of  electing  a 
Speaker,  or  of  passing  laws,  to  a  minority  of  this 
House  ? 

"Mr.  Colfax. — I  will  answer  the  question  with 
pleasure.  The  Constitution  says  the  House  of  Repre 
sentatives  shall  elect  their  own  Speaker,  and  gives 
them  supreme  control  to  elect  him  in  any  manner 
they  see  fit." 

On  the  19th  of  January,  the  debate  on  the  plural 
ity  rule  grew  sharp  and  bitter.  Mr.  Colfax  was  the 
especial  object  of  the  attacks  of  the  Democrats,  but  he 
parried  all  their  blows  skilfully,  and  struck  such  hard 
ones  in  return,  that  his  adversaries  were  content  to  let 
him  alone,  and  close  the  debate  by  an  adjournment. 
Mr.  Stevenson,  of  Alabama,  declared  in  effect  that  Mr. 
Colfax  was  guilty  of  a  crime  if  he  endorsed  the 
"  Helper  Book,"  or  supported  for  the  Presidency  any 
man  who  endorsed  it,  intimating  that  the  Southern 
side  of  the  House  would  hold  him  responsible  for  his 
act.  This  ungenerous  assault  stung  the  usually  quiet 
member  sharply,  and  roused  him  to  the  following  spir 
ited  assertion  of  his  manhood  : 


112  LIFE   OF   SCHUYLER   COLFAX. 

"I  am  in  the  habit  of  acknowledging  my  accoun 
tability,  not  to  gentlemen  upon  the  other  side  of  the 
Hpuse,  but  to  my  constituents.  I  am  accountable  to 
them  for  what  sentiments  I  express  here  and  elsewhere. 
I  have  heard  gentlemen  rise  upon  the  other  side,  and, 
after  denouncing  the  treason  of  John  Brown,  declare 
that  if  the  people  of  the  United  States,  under  the  Con 
stitution,  should  elect  this  or  that  citizen  to  the  Presi 
dency,  eligible  though  he  might  be  by  the  Constitu 
tion,  they  would  resist  his  inauguration  by  force :  that 
they  will  not  wait  for  any  overt  act,  but  that  at  once 
they  will  prevent  the  consummation  of  the  people's  elec 
tion.  I  do  not  ask  them  to  be  responsible  to  me  for 
the  expression  of  such  sentiments,  nor  will  I  use  offen 
sive  language  against  that  declaration  which  grates  so 
strangely  upon  the  ear  when  uttered  upon  the  floor  of 
the  American  Congress.  I  am  accountable,  I  say  to 
the  gentleman  from  Mississippi,  to  my  constituents, 
and  not  to  him  or  any  body  else  ;  and  I  am  not  afraid  to 
meet  that  constituency ;  to  appear  at  that  tribunal 
where  I  have  so  often  met  them  before.  If  they  re 
ceive  my  explanations,  it  must  satisfy  the  gentlemen 
on  the  other  side,  who  are  in  no  wise  responsible  for 
my  presence  in  this  House,  and  who  have  no  power  to 
prevent  me  from  occupying  a  seat  here,  as  the  Repre 
sentative  of  those  who  have  honored  me  with  this 
trust.  I  yield  the  gentlemen  on  the  opposite  side  of 
the  House  the  same  rights  that  I  claim  and  insist  on 
having  for  myself.  In  a  subsequent  stage  of  the  Session, 
when  the  House  is  organized,  if  Mr.  Sherman  or  myself 
rises  to  speak,  and  to  express  our  dissent  from  any 


DEFENDS   THE   BIGHTS   OF   THE    PRESS.  113 

portion  of  the  Helper  Book,  let  me  assure  gentlemen, 
it  will  not  be  done  upon  compulsion  and  demand,  but 
voluntarily,  and  because  we  deem  it  fit  to  do  so. " 

On  the  25th  of  January,  in  the  debate  on  Mr. 
Ashmun's  (of  South  Carolina)  resolution  to  expel  the 
Reporter  of  the  New  York  Herald  from  the  press  gal 
lery  for  his  personal  attacks  on  Democratic  members, 
Mr.  Colfax  took  occasion  to  administer  the  following 
severe  rebuke  to  the  Democrats  for  their  own  course  : 

"  I  do  not  stand  here  as  the  champion  or  the  apol 
ogist  of  the  New  York  Herald.  But  if  the  gentle 
man  from  South  Carolina  is  about  to  commence  a  sys 
tem  of  purgation  of  the  Reporters1  gallery,  I  want  him 
to  go  back  and  commence  in  the  regular  order  in 
which  these  transgressions  have  occurred  ;  and  I  wish 
to  draw  his  attention  now  to  the  fact  that  the  official 
organ  of  this  Administration — I  allude  to  the  Wash 
ington  "  Constitution  " — has  so  far  forgotten  the  dignity 
of  its  position,  as  to  brand  Representatives  upon  this 
floor,  who  have  dared  to  vote  for  the  man  of  their 
choice,  for  Speaker,  as  'traitors,'  and  has  used  the 
most  dishonoring  invectives  in  regard  to  them,  saying, 
as  a  friend  reminds  me,  that  they  had  been  '  bought 
with  a  shilling.'  I  only  draw  the  attention  of  the 
gentleman  from  South  Carolina  to  this  fact,  so  that 
the  axe  when  it  falls  shall  fall  upon  all  who  trans 
gress  the  rules  of  decorum  which  the  gentleman  has 
alluded  to. 

"  Let  me  add  one  thing  further.  The  language 
to  which  the  gentleman  refers,  is  language  certainly 
which  I  cannot  and  do  not  approve.  I  have  never, 
8 


114  LIFE   OF   SCHUYLER   COLFAX. 

as  gentlemen  will  bear  me  witness,  used  personalities 
of  any  kind  here  in  debate  towards  those  who  differ 
from  me  ;  and  those  who  have  seen  the  paper  that  I 
have  conducted  know  that  I  do  not  indulge  in  personal 
ities  there.  But  I  stand  here,  and  I  shall  always  stand 
here  as  the  defender  of  the  freedom  of  the  press  in  this 
country ;  and  if  gentlemen  do  not  like  the  press  to 
strike  bach,  they  should  themselves  withhold  the  blow 
which  provokes  it.  I  always  regret  to  see  gentlemen  ris 
ing  here  with  newspaper  extracts  in  their  hands,  and 
basing  upon  them  personal  explanations,  in  which  they 
employ  language  which,  for  the  sake  harmony  and 
concord  and  for  the  sake  of  keeping  our  record  free  from 
personalities,  might  as  well  be  omitted.  These  differ 
ences  and  disputes  had  better  be  settled  elsewhere.  I 
do  not  allude  to  the  code  of  honor,  but  outside  of  this 
House,  in  the  Courts,  and  not  be  brought  here.  Gen 
tlemen  who  sit  upon  this  side  of  the  House  have  been 
attacked  by  the  very  paper  to  which  the  gentleman  al 
ludes,  in  the  severest  and  bitterest  language  of  in 
vective. 

"  We  have  been  called  traitors  to  our  oaths,  trai 
tors  to  the  Constitution ;  and  harsh  and  irritating  as 
the  language  of  yesterday 's  Herald  is,  it  is  not  harsher 
or  severer  than  the  previous  language  of  the  same 
paper,  used  against  gentlemen  who  know  themselves 
faithful  to  the  Constitution  and  the  Union,  and  which 
has  been  copied  and  incorporated  in  speeches  of  gentle 
men  of  the  other  side.  Have  they  not  called  us  incen 
diaries  ?  Have  they  not  branded  us  as  guilty  of  trea 
son  ?  Have  they  not  in  a  variety  of  ways  gone  beyond 


CHAIRMAN   OF   THE   POSTAL   COMMITTEE.  115 

that  parliamentary  decorum  which  should  govern  a 
body  like  this?  And  they  should  remember  that  to 
thus  characterize  their  fellow  members  is  as  irritating 
and  o/ensive  as  any  personal  language  that  can  be 
used  in  the  columns  of  a  neivspaper" 

It  was  evident  that  the  election  would  be  prolonged 
indefinitely,  and  Mr.  Sherman,  after  eight  weeks  of 
unsuccessful  voting,  withdrew  his  name  from  the  can 
vass,  Mr.  William  Permington,  Ex-Governor  of  New 
Jersey,  and  a  new  member  of  the  House,  was  presented 
in  his  stead,  and  elected  on  the  1st  of  February.  Mr. 
Bocock  had  withdrawn  by  this  time,  and  the  whole 
strength  of  the  Democrats  was  thrown  in  favor  of  Mr. 
Smith,  of  North  Carolina,  an  "American."  On  the 
fourth  ballot  Mr.  Smith  withdrew,  and  Mr.  Penning- 
ton  was  elected,  and  the  House  finally  organized. 

After  the  organization  of  the  House,  Mr.  Colfax 
was  made  Chairman  of  the  Post  Office  Committee,  for 
which  position  his  familiarity  with  the  details  and  ne 
cessities  of  that  branch  of  the  public  service  eminently 
qualified  him.  On  the  2d  of  March,  1860,  he  intro 
duced  a  bill  to  allow  publishers  of  newspapers  to  print 
on  the  wrappers  thereof  a  notification  to  the  subscriber  of 
the  time  of  the  expiration  of  his  subscription,  which  was 
immediately  adopted.  On  the  8th,  he  introduced  a  bill 
for  the  better  regulation  of  the  mail  service  between 
the  Atlantic  and  Pacific  States.  It  provided  that  the 
Post  Master  General  should  advertise  for  bids  for  the 
transportation  of  the  mails  by  the  overland  route,  and 
also  by  sea,  in  order  that  the  Government  might  assign 
the  contract  to  the  lowest  bidder,  and  at  the  same  time 


116  LIFE  OF  SCHUYLER  COLFAX. 

secure  the  greatest  amount  of  regularity  and  speed  in 
the  transmission  of  the  mails.  The  plan  proposed  by 
this  bill  was  a  vast  improvement  upon  the  old  sys 
tem,  and  was  much  more  economical  than  any  that 
had  been  suggested.  Other  reforms,  especially  in  re 
gard  to  the  delivery  of  "  drop  letters,"  were  inaugurated 
and  carried  through  by  him  during  this  session.  He 
also  procured  the  passage  of  the  law  to  enable  the 
writer  of  a  letter  to  have  such  letter  returned  to  him, 
if  uncalled  for  within  a  given  time,  instead  of  being 
sent  to  the  dead  letter  office,  a  measure  which  has  done 
much  to  facilitate  the  despatch  of  business  throughout 
the  country.*  He  also  gave  his  whole  influence  to 
procuring  for  the  settlers  in  the  distant  Territories  the 
best  mail  facilities  the  Government  could  afford,  and 
on  the  16th  of  April,  1860,  procured  the  passage  of  a 
bill  for  the  regular  transmission  of  the  mails  to  the 
new  settlements  at  Pike's  Peak.  He  said,  in  advocat 
ing  this  bill : 

o 

"  The  people  of  Pike's  Peak  are  four,  or  five,  or  six 
hundred  miles  from  the  frontier.  They  have  Post  Of 
fices,  but  have  no  Post  routes — at  least  none  in  opera 
tion,  and  consequently  no  mail  connection  with  the 
States.  The  people  there  have  been  drawn  from  all 
sections  of  the  country,  in  their  anxiety  to  extract 
gold  from  the  mountains.  They  have  left  their  fami 
lies  and  business  and  friends  at  home,  and  have  no 
means  of  corresponding  with  them,  except  through  ex 
press  companies.  It  is  a  duty  which  the  Government 

*  This  bill  was  drawn  up  by  Senator  Collamer,  of  Vt.,  but  carried 
through  the  House  by  the  efforts  of  Mr.  Colfax. 


MAILS   FOR   THE    TERRITORIES.  117 

of  the  United  States  owes  to  them  that  they  shall  have 
mail  facilities  in  common  with  the  other  millions  of 
people  throughout  the  land." 

Mr.  Colfax  spoke  frequently  and  ably  during  this 
session,  and  upon  a  variety  of  topics.  The  matters  re 
lating  to  the  business  of  his  Committee,  the  Tariff,  the 
Pacific  mails,  the  Telegraph  to  the  Pacific,  all  these 
claimed  his  attention,  and  were  fully  and  ably  discuss 
ed  by  him.  He  always  showed  himself  master  of  his 
subject,  and  was  never  at  a  loss  in  debate  either  for  in 
formation  or  a  happy  manner  of  expressing  his  thoughts. 
His  best  efforts  were  given  to  the  task  of  rendering 
the  mail  relations  between  the  Atlantic  and  Pacific 
States  more  intimate,  and  nothing  discouraged  him  in 
this  noble  effort.  The  warm  reception  which  he  met 
from  the  people  during  his  recent  visit  to  the  Pacific 
Goast  is  an  eloquent  proof  that  his  labors  were  under 
stood  and  appreciated  in  that  quarter.  He  was  one  of  the 
earliest  and  warmest  advocates  of  the  Pacific  Hailroad, 
and  not  a  little  of  its  success  is  due  to  his  efforts  in  its 
behalf. 

He  entered  upon  the  Presidential  campaign  of  1860 
with  enthusiasm.  A  personal  friend  of  Mr.  Lincoln, 
he  warmly  advocated  his  cause,  and  by  both  his  pen 
and  voice  contributed  much  to  the  glorious  Republi 
can  triumph  of  1860,  by  which  Mr.  Lincoln  carried 
the  State  of  Indiana  by  a  majority  of  nearly  six 
thousand  over  all  his  competitors.  Mr.  Lincoln  was  a 
man  after  Mr.  Colfax's  own  heart,  and  he  hailed  his 
nomination  with  delight.  A  short  time  before  the 
Chicago  Convention  met,  he  wrote,  in  reference  to  the 


118  LIFE    OF   SCHUYLER   COLFAX. 

nomination  to  be  made,  the  following  lines,  which  are 
almost  a  prophecy  of  the  choice  of  Mr.  Lincoln,  so 
clearly  do  they  describe  the  man,  and  define  his  posi 
tion: 

"  We  differ  somewhat  from  those  ardent  contem 
poraries  who  demand  the  nomination  of  their  favorite 
representative  man,  whether  popular  or  unpopular,  and 
who  insist  that  this  must  be  done,  even  if  we  are  de 
feated.  We  do  agree  with  them  in  declaring  that  we 
shall  go  for  no  man  who  does  not  prefer  Free  labor  and 
its  extension,  to  Slave  labor  and  its  extension, — who 
though  mindful  of  the  impartiality  which  should  char- 
.  acterize  the  Executive  of  the  whole  Union,  will  not 
fail  to  rebuke  all  new  plots  for  making  the  Govern 
ment  the  propagandist  of  Slavery,  compel  promptly 
and  efficiently  the  suppression  of  that  horrible  Slave- 
trade  which  the  whole  civilized  world  has  banned  as 
infamous,  piratical,  and  accursed.  But  in  a  Republi 
can  National  Convention,  if  any  man  could  be  found, 
North,  South,  East,  or  West,  whose  integrity,  whose 
life,  and  whose  avowals  rendered  him  unquestionably 
safe  on  these  questions,  and  yet  who  could  poll  one, 
two,  or  three  hundred  thousand  votes  more  than  any 
one  else,  we  believe  it  would  be  both  wisdom  and  duty, 
patriotism  and  policy,  to  nominate  him  by  acclama 
tion,  and  thus  render  the  contest  an  assured  success 
from  its  very  opening.  We  hope  to  see  1866  realize 
the  famed  motto  of  Augustine — '  In  essentials  unity, 
in  non-essentials  liberty,  in  all  things  charity.1" 


CHAPTER  VI. 

Elected  to  the  37th  Congress — Meeting  of  Congress — State  of  the  Coun 
try—Postal  Affairs — Withdrawal  of  Delegates  from  Congress — Reso 
lution  to  withdraw  the  Mails  from  the  revolted  States — Postal  Affairs 
again— The  "  Overland  Mail  "  Route— Speech  of  Mr.  Colfax  in  be 
half  of  it — An  interesting  Statement  of  the  Plan — Inauguration  of 
President  Lincoln— Proposal  to  place  Mr.  Colfax  in  the  Cabinet — 
Secession — Civil  War — Extra  Session  of  Congress — Postal  Regula 
tions  for  the  Benefit  of  the  Army — Speech  on  the  Tax  Bill — Supports 
the  Measures  of  the  Administration — Eulogy  on  Senator  Baker — 
Elected  to  the  38th  Congress — Gravity  of  the  Contest — Meeting  of 
Congress — Resolution  relative  to  Mexico — Speech  on  the  Bill  to  in 
demnify  the  President— Relations  with  the  President — Favors  the 
Admission  of  West  Virginia — Postal  Reforms — Case  of  Mr.  Yandever 
—  Resolution  respecting  Exchanged  Prisoners  —  Speech  on  the 
Georgetown  Railway  Bill — Naval  Affairs  —  Bounty  Resolution  — 
Views  upon  the  Financial  Measures  of  the  day— Postal  Reforms  again. 

THE  elections  for  the  Thirty-Seventh  Congress 
took  place  in  the  fall  1860,  together  with  the  Presiden 
tial  election,  and  Mr.  Colfax  was  again  returned  from 
the  Ninth  Indiana  District — this  time  by  a  majority 
of  3,402,  the  largest  he  had  yet  received. 

The  Second-  Session  of  the  Thirty-Sixth  Congress 
began  its  deliberations  on  the  3d  of  December,  1860, 
only  a  few  weeks  after  the  election  of  Mr.  Lincoln.  The 
President's  message  gravely  stated  the  perilous  condi 
tion  of  the  country,  and  called  upon  the  two  Houses  of 
Congress  to  devise  such  measures  as,  in  their  judg 
ment,  should  give  peace  to  the  land.  It  was  fortunate 


120  LIFE   OF    SCHUYLER   COLFAX. 

for  the  Union  that  the  Administration  of  Mr.  Buchan 
an  had  but  a  few  months  more  of  existence  before  it, 
for  it  possessed  the  confidence  of  neither  the  North  nor 
the  South,  and  was  really  a  great  obstacle  in  the 
way  of  any  step,  calculated  to  restore  harmony,  that 
might  be  undertaken  by  Congress.  That  portion  of 
the  President's  message  which  was  devoted  to  the 
State  of  the  Country  was  referred  to  a  Select  Commit 
tee  of  the  House,  and  was  made  the  subject  of  one 
of  the  most  memorable  debates  ever  heard  within 
the  walls  of  the  Capitol. 

Meanwhile  Mr.  Colfax  continued  to  serve  on  the 
Post  Office  Committee  as  its  Chairman,  and  on  the 
5th  of  December,  1860,  made  an  ineffectual  effort  to 
induce  the  House  to  resume  the  consideration  of  the 
Post  Route  bill,  which  they  had  left  unfinished  at 
their  adjournment  in  the  summer.  Objections  were 
raised,  however,  and  the  important  business  of  the 
country  had  to  give  way  to  politics. 

The  States  of  the  South,  commencing  with  South 
Carolina,  gradually  withdrew  from  the  Union,  and 
recalled  their  delegations  from  Congress,  upon  the 
pretext  that  the  election  of  Mr.  Lincoln  was  an  attack 
upon  their  rights.  The  events  and  questions  of  this 
portion  of  our  history  are  so  familiar  to  the  reader  that 
we  need  not  mention  or  discuss  them  here,  except  so 
far  as  they  concern  the  subject  of  this  memoir. 

Although  the  Southern  States  had  seceded,  and 
had  repudiated  their  allegiance  to  the  General  Govern 
ment,  they  still  continued  to  enjoy  the  benefits  of  the 
regular  transmission  of  the  mails  by  the  Post  Office 


WITHDRAWAL   OF   THE    MAILS.  121 

Department,  and  it  seemed  that  the  Government  was 
really  supplying  them  with  facilities  of  this  kind  until 
the  rebel  Post  Office  Department  could  be  organized 
and  set  to  work.  Indignant  at  this  weakness  on  the 
part  of  our  authorities,  Mr.  Colfax,  on  the  21st  of  Jan 
uary,  1861,  introduced  the  following  bill  into  the 
House : 

u  Whereas,  In  several  States  of  the  Union,  the 
judges,  district  attorneys,  and  marshals,  commission 
ed  by  the  Government  of  the  United  States  for  said 
States,  have  resigned  their  offices,  and  it  appears  im 
practicable,  in  consequence  of  revolutionary  proceedings 
therein,  to  fill  the  vacancies  thus  created  ;  and  where 
as  the  Government  of  the  United  States  is  thus 
without  any  means  of  collecting  or  enforcing  in  such 
States  the  payment  of  the  postal  revenues  from  the 
officers  collecting  the  same,  or  of  punishing  viola 
tions  of  the  postal  laws,  committed  by  robberies  of 
the  mails  or  otherwise,  or  of  enforcing  the  perform 
ance  of  mail  contracts  :  Therefore, 

u  Be  it  enacted,  That  in  all  States  which  are,  or 
may  hereafter  be  situated  as  above,  the  Postmaster 
General  is  hereby  directed  to  discontinue  the  postal 
service  for  such  period  of  time  as,  in  his  judgment,  the 
public  interest  may  require,  and  shall  report  his  action 
to  Congress." 

The  bill  was  referred  to  the  Post  Office  Committee, 
and  reported  to  the  House  the  next  day,  with  a  rec 
ommendation  "  that  it  do  pass."  It  was  warmly 
opposed  by  the  members  of  those  States  of  the  South 
then  represented  in  Congress,  but  was  ordered  to  be 


122  LIFE    OF    SCHUYLEK   COLFAX. 

printed.  The  measure  was  called  up  at  a  subsequent 
period  and  put  in  force. 

The  postal  affairs  of  the  country  were  faithfully 
attended  to  in  the  early  part  of  the  Session,  under  the 
energetic  management  of  Mr.  Colfax.  The  debate  on 
these  measures  was  long  and  searching,  and  the  merits 
of  the  proposed  improvements  fully  canvassed.  In 
spite  of  the  agitated  condition  of  the  country,  much 
was  accomplished.  Nearly  all  the  best  features  of  the 
present  system  are  recommendations  of  the  Committee 
presided  over  by  Mr.  Colfax,  and  though  he  was  not 
the  author  of  all  these,  he  identified  himself  with  them 
so  closely,  that  his  name  and  the  recollection  of  his 
services  in  their  behalf,  will  always  be  linked  with 
them. 

On  the  15th  of  February,  1861,  he  procured  the 
passage  of  an  amendment  to  the  postal  Act  then  be 
fore  Congress,  which  amendment  prohibits  postmasters 
from  charging  postage  for  the  delivery  of  mail  matter 
sent  free  by  law,  as  they  were  then  in  the  habit  of 
doing,  by  virtue  of  an  old  Act  of  Congress. 

Through  his  exertions  a  daily  overland  mail  to  the 
Pacific  was  established,  and  mail  routes  were  organ 
ized  through  Oregon  and  Washington  Territory,  giving 
those  remote  regions  a  speedy  and  certain  means  of 
communication  with  the  Atlantic  States.  The  details 
of  this  scheme  of  the  overland  mail  are  so  clearly  and 
forcibly  set  forth  in  the  remarks  by  which  Mr.  Colfax 
urged  the  passage  of  the  measure,  that  we  present 
them  here  entire  : 

u  This  Amendment  brings  before  the  House  again 


,  THE    OVERLAND   MAIL.  123 

the  question  of  a  daily  overland  mail,  upon  which  I 
presume  every  member  has  made  up  his  mind,  and  is 
prepared  to  vote.". 

"  For  many  years  the  people  who  live  on  the  Pa 
cific  coast  have  been  waiting,  and  have  been  hoping 
for  a  daily  communication  by  mail  with  the  States  on 
the  Atlantic  Coast.  It  is  well  known  that  our  mails 
to  the  Pacific  are  now  carried  through  the  territory  of 
of  a  foreign  Government,  exposed  to  the  dangers  of 
two  oceans — the  Atlantic  on  this  side,  and  the  Pacific 
on  the  other — and  the  dangers  of  the  transit  through 
Central  America,  where  the  Government  has  no  power 
to  protect  the  mails  if  they  should  be  attacked.  I 
know  it  is  to  be  met,  and  I  regret  that  it  is  to  be  met 
by  my  friend  on  my  right  [Mr.  Sherman],  by  an  ob 
jection  as  to  its  expense.  But  I  will  say,  in  anticipa 
tion  of  his  argument,  that  the  Post  Office  Committee 
have  endeavored  to  make  the  establishment  of  a  daily 
mail  on  as  cheap  a  basis  as  possible.  The  propositions 
which  were  before  the  House  and  before  the  Senate  at 
the  last  Session,  for  establishing  a  daily  overland  mail, 
contemplated  an  expenditure  of  something  like  two 
millions  of  dollars  per  annum ;  while  in  this  amend 
ment  it  is  limited  to  $800,000.  By  the  Senate  propo 
sition,  the  overland  mail  is  to  run  from  St.  Louis  to 
San  Francisco,  and  is  not  limited  as  to  its  maximum 
cost. 

"The  Committee  on  the  Post  Office  and  Post 
Roads,  desiring  to  compromise,  have  cut  off*  on  this 
side  the  portion  between  St.  Louis  and  the  Missouri 
frontier,  as  we  have  railroads  completed  to  the  western 


124  LIFE   OF   SCIIUYLER   COLFAX. 

frontier  of  that  State,  while  others  are  in  progress  of 
construction ;  and  on  the  Pacific  side  we  have  daily 
mail  service  as  far  east  as  Placerville,  just  on  the  other 
side  of  the  Sierra  Nevada,  and  a  railroad  from  Sacra 
mento  completed  nearly  up  to  that  town,  and  therefore 
we  have  cut  off  that  portion  for  the  purpose  of  limiting 
and  saving  expense,  thereby  saving  at  least  $200,000 
additional  cost  per  year.  We  also  provide  in  this,  that 
Salt  Lake  City  in  Utah,  and  Denver  City,  the  head 
quarters  of  the  emigration  to  the  Pike's  Peak  region, 
shall  be  supplied  with  a  semi- weekly  mail  by  these 
contractors  without  extra  expense. 

"  It  may  be  stated,  and,  indeed,'  has  been  urged, 
that  it  is  impossible,  on  account  of  their  weight,  to 
carry  the  mails  overland  to  California.  Now,  Sir,  the 
mails  have  been  weighed,  not  only  during  the  last 
Session  of  Congress,  but  during  the  present  Session, 
by  the  postmaster  at  New  York  City.  I  can  state  to 
the  House  exactly  what  was  the  weight  of  California 
mails,  carried  by  way  of  the  Isthmus.  It  amounts  to 
about  fifty  thousand  pounds  per  month,  or  six  hundred 
thousand  pounds  per  year,  divided  into  about  two 
thousand  pounds  of  letters,  thirty  thousand  pounds  of 
paper,  fifteen  thousand  pounds  of  magazines  and  other 
periodicals  and  books,  as  well  as  franked  documents, 
and  three  thousand  miscellaneous,  such  as  stamps, 
post  office  blanks,  envelopes,  etc.  The  amendment  re 
quires  that  the  contractors  shall  carry  through  one 
thousand  pounds  every  day,  on  the  fast  schedule  of 
twenty  days'  service.  This  will  take  through  the  en 
tire  letter  and  newspaper  mail,  or  very  nearly  the  en- 


THE   OVERLAND   MAIL.  125 

tire  newspaper  mail ;  and  I  am  free  to  say  that  I  will 
yote  for  no  daily  overland  mail  to  the  Pacific  that  will 
not  provide  for  carrying  the  newspaper  mail,  to  the 
extent  of  one  thousand  pounds  per  day,  on  the  fast 
schedule  time  of  twenty  days.  It  is  the  mail  that 
takes  to  the  new  homes  of  the  emigrants  full  news 
from  the  firesides  whence  they  came. 

"  As  magazines,  periodicals,  and  public  documents 
do  not  contain  the  news  of  the  day  like  the  daily  pa 
pers,  they  are  not  required  to  be  transmitted  with  the 
same  rapidity ;  it  is  provided  that  the  contractors  may 
take  them  through  in  the  slower  schedule  time  of 
thirty-five  days.  It  further  provides  that  they  shall 
be  allowed  the  privilege,  at  their  own  expense,  of 
carrying  mails  of  magazines,  periodicals  and  public 
documents  by  water,  at  least  semi-monthly  from  New 
York  City  to  San  Francisco.  The  total  cost  of  this 
overland  service  under  this  amendment,  will  be  $800,- 
000.  We  say  nothing  about  the  Butterfield  contract, 
running  around  by  the  way  of  El  Paso.  That  is  a 
Congressional  contract,  limited  to  letters.  It  is  a 
wasteful  and  extravagant  contract,  which  the  Attorney 
General  has  decided  we  cannot  impair  during  the  term 
for  which  it  was  made.  Nor,  Sir,  can  we  compel 
them  to  carry  the  newspaper  mail,  or  any  portion  of  it. 
They  have  the  contract,  and  they  have  the  power  to 
hold  us  to  its  provisions  while  it  remains  unexpired. 

"Mr.  Speaker,  in  anticipation  of  the  argument  in 
opposition  to  the  establishment  of  a  daily  overland  mail 
as  a  matter  of  expense,  I  will  say  to  those  who  design 
opposing  the  proposition  on  that  ground,  that  they  will 


126  LIFE   OF   SCHUYLEE   COLFAX. 

find  the  increased  amount  of  expense  is  comparatively 
a  mere  bagatelle.  The  cheapest  cost  of  the  postal  ser 
vice  by  steamers  and  through  a  foreign  country,  and 
which  is  only  tri-monthly  instead  of  daily,  is  $350,000 
per  year.  The  cost  of  the  semi-monthly  mail  from  San 
Francisco  to  Placerville,  and  across  the  Central  Route, 
which  has  been  increased  by  order  of  the  Department, 
for  mails  to  Fort  Kearney  on  this  side,  and  to  Washoe 
and  Carson  Valley  on  the  other,  is  $208,000  per  year; 
and  as  the  weekly  service  to  the  Pike's  Peak  region, 
now  costing  $19,000  per  year,  must  be  eventually  still 
further  increased  to  semi- weekly,  making  nearly  $40,000 
per  year,  then  you  have  $600,000  paid  out  (exclusive 
of  Butterfield's)  per  year,  for  the  service  we  have  now 
to  California  and  Pike's  Peak ;  when  we  have  only  a 
tri-monthly  service  around  by  the  Isthmus,  exposed  to 
all  the  dangers  of  going  through  a  foreign  country,  ex 
posed  to  dangers  of  war,  in  comparison  with  $800,000 
for  a  daily  service,  each  way,  across  the  centre  of  the 
continent — thirty  times  a  month,  instead  of  three,  and 
five  days  quicker. 

"  There  is  still  another  reason.  "We  are  receiving 
$50,000,000  a  year  in  specie  from  California.  It  comes 
now  by  the  way  of  the  Isthmus.  I  need  not  say,  if  we 
should  be  involved  in  a  war  with  a  foreign  country,  that 
that  specie  and  the  mails  could  not  be  carried  safely  by 
the  way  of  the  Isthmus.  The  Government  of  the  TJnited 
States  would  be  compelled  to  do  what  the  Government 
of  Great  Britain  does  now  in  Australia,  where  it  fur 
nishes  a  military  escort  for  the  gold  which  comes  down 
from  the  mountains  some  five  or  six  hundred  miles  to 


APPEAL   FOR   THE   PACIFIC   COAST.  127 

Melbourne,  on  the  coast,  for  shipment.  We  would 
need  to  have  this  gold  of  the  country ;  the  country 
could  not  do  without  it.  It  has  already  saved  us  from 
one  ruinous  revulsion,  and  mitigated  the  evils  of  an- 

>  O 

other.  We  would  have  to  protect  its  transit  across 
the  centre  of  the  continent,  if  we  were  in  war  with  a 
foreign  nation,  by  a  military  escort.  If  we  establish 
a  daily  overland  mail  to  California,  it  will  follow  that 
the  contractors  will  build  stations  all  the  way  through 
for  their  stock,  and  for  the  drivers  and  others  in  their 
employ,  as  well  as  for  the  protection  of  the  mail  itself 
against  any  attempt  that  may  be  made  by  savages  or 
robbers  for  its  capture.  You  will  by  this  peaceful 
proposition  establish  a  cordon  of  posts  across  the  con 
tinent,  without  one  cent  of  expense  added  to  your  mil 
itary  appropriations.  And  if,  unfortunately  and  un 
happily,  the  country  should  be  involved  in  war,  this 
treasure  would  be  compelled  to  come  across  the  centre 
of  the  continent,  and  for  that  purpose  we  will"  have 
these  stations  already  prepared  to  our  hands.  We  will 
have  daily  transit  across  the  continent,  and  these  posts 
provided  in  advance,  by  which,  in  a  few  days,  we 
could  provide  protection  for  the  safety  of  this  treas 
ure. 

uMr.  Speaker,  the  people  of  California,  and  the 
people  of  the  Pacific  coast,  have  waited  for  this  benefi 
cent  proposition  long.  They  have  waited  hopefully. 
I  grant  that  the  Treasury  is  in  a  straitened  condition  ; 
but  if  you  wish  to  bind  the  Pacific  States  more  closely 
to  the  Union  and  the  Atlantic  States — to  make  them 
faithful  to  the  Union-loving  members  of  this  Confeder- 


128  LIFE    OF    SCHUYLER   COLFAX. 

acy — there  is  nothing  you  can  do  that  will  incite  and 
increase  their  patriotism  more  than  to  give  them  what 
they  have  a  right  to  demand,  a  daily  connection  with 
the  States  on  the  Atlantic  coast,  from  which  they  are 
so  widely  separated.  It  will  be  more  potential  than 
any  bands  of  either  iron  or  gold.1' 

The  efforts  of  Mr.  Colfax  were  not  in  vain ;  and 
that  splendid  overland  system,  of  which  the  country  is 
now  so  proud,  is  an  emphatic  endorsement  of  the  wis 
dom  of  his  views. 

On  the  4th  of  March,  1861,  President  Lincoln  was 
inaugurated  at  Washington.  Earnest  efforts  were  made 
to  induce  the  new  President  to  call  Mr.  Colfax  to  his 
Cabinet,  as  Postmaster  General ;  and  these  efforts 
would  have  been  successful,  but  for  the  fact  that  In 
diana  had  already  been  given  her  place  in  the  Cabinet 
in  the  person  of  the  Secretary  of  the  Interior.  For 
Mr.  Colfax  personally,  and  as  a  public  man,  Mr.  Lin 
coln  always  entertained  the  warmest  affection  and 
esteem ;  and  during  the  whole  of  his  Administration, 
he  rarely  embarked  in  any  public  measure  without  first 
asking  the  counsel  of  his  friend. 

By  the  last  of  April  the  war  was  upon  us ;  the 
people  of  the  South  had  proclaimed  open  rebellion 
against  the  Constitution  and  laws  of  the  land  ;  had  re 
duced  Fort  Sumter ;  and  were  gathering  an  army  on 
the  frontier  of  Virginia.  The  Thirty- Sixth  Congress 
had  adjourned  on  the  4th  of  March,  and  the  President, 
as  soon  as  it  was  found  that  war  was  inevitable,  sum 
moned  the  Thirty-Seventh  Congress  to  convene  on  the 
4th  of  July,  1861,  for  the  purpose  of  devising  such 


EFFORTS  IN  BEHALF  OF  THE  ARMY.       129 

measures  as  might  be  necessary  for  the  restoration  of 
the  authority  of  the  Union  over  the  South. 

During  this  Session,  Mr.  Colfax  was  again  ap 
pointed  Chairman  of  the  Post- Office  Committee,  and 
his  labors  were  directed  principally  to  the  task  of  pro 
viding  the  army  with  such  mail  facilities  as  would 
always  enable  the  troops  to  be  within  easy  and  speedy 
communication  with  their  families.  His  efforts  met  a 
hearty  response  from  the  House,  and  were  the  means 
of  relieving  many  an  hour  of  anxiety  and  fear  for  those 
at  home  who  had  loved  ones  "  at  the  front." 

On  the  12th  of  July  he  introduced  an  amendment 
to  the  Post  Office  bill,  allowing  soldiers  in  the  army  to 
send  their  letters  without  prepaying  the  postage,  which 
was  to  be  collected  at  the  point  of  destination.  Said 
he,  in  explaining  the  effect  of  his  amendment : 

"  There  is  no  friend,  wife,  or  sister,  who  would  ob 
ject  to  paying  three  cents  for  a  letter.  But  if  per 
chance  they  might  be  poor,  there  is  not  a  town  in  the 
whole  North  where  men  would  not  be  found  around 
the  post  office  who  would  most  gladly  pay  the  postage 
on  a  letter  from  the  Army  to  any  poor  person  who  is 
not  able  to  pay  it." 

The  amendment  was  adopted,  and  became  a  law. 
On  the  18th,  he  procured  the  passage  of  a  law  requir 
ing  that  all  prepaid  letters  to  soldiers  in  any  regiment 
in  the  service  of  the  Union,  and  directed  to  a  point 
where  they  had  been  stationed,  should  be  forwarded, 
whenever  practicable,  to  any  other  point  to  which  they 
might  have  been  ordered,  without  any  further  charge 
for  postage. 
9 


130  LIFE   OF   SCHUYLER   COLFAX. 

He  did  not  speak  much  during  this  short  session, 
but  worked  hard  and  faithfully  for  the  cause  to  which 
he  had  given  his  whole  heart.  The  measures  calculated 
to  strengthen  the  Government  and  restore  peace  to  the 
country,  found  him  an  earnest  and  hearty  supporter, 
and  his  whole  influence  was  cast  in  favor  of  a  vigorous 
prosecution  of  the  war.  He  had  a  firm  faith  in  the 
ultimate  success  of  the  Union.  Keplying  one  day  to 
Mr.  May,  of  Maryland,  who  had  spoken  of  the  Rebel 
Government  as  "established  at  Richmond,"  he  said: 
They,  "  thank  God,  are  not  yet  and  never  will  be  estab 
lished  at  Richmond."  He  favored  a  fair  and  impartial 
tax  bill,  and  avowed  his  willingness  to  appropriate 
every  cent  necessary  for  the  successful  prosecution  of 
the  war.  Said  he  : 

"  Sir,  I  am  not  much  of  financier.  I  only  say  that 
if  you  want  the  people  to  come  up  fairly  and  squarely 
to  the  support  of  this  war,  to  give  their  money  freely, 
as  I  have  no  doubt  they  are  willing  to  give  it  to  put 
down  this  unholy  rebellion  ;  if  you  want  these  fires  of 
patriotism  to  continue  to  burn  throughout  the  country, 
give  them  a  tax  bill  which  they  can  recognize  as  fair 
and  equitable,  under  which  the  wealthy  man  and  the 
poor  man  will  pay  their  share ;  and  then  the  men  who 
are  opposed  to  this  war,  and  who  are,  I  regret  to  say, 
giving,  directly  or  indirectly,  aid  and  comfort  to  the 
men  who  have  offered  twenty  dollars  bounty  for  every 
dead  patriot  they  can  find  captured  by  privateers  ;  who 
bayonet  wounded  soldiers  on  the  battlefield ;  men  who 
fire  on  flags  of  truce,  and  the  ambulances  conveying 
the  wounded  to  hospitals,  and  outrage  every  rule  of 


SPEECH  ON  THE  TAX  BILL.  131 

civilized  warfare, — I  say,  the  men  who  who  are  aiding 
them,  directly  or  indirectly,  and  strengthening  their 
arms  in  this  unholy  rebellion,  will  have  no  means  of 
prejudicing  the  public  against  the  action  of  this  Con- 
gress,  by  saying  that  we  allowed  the  millionnaire  to  es 
cape  from  the  meshes  of  the  tax  law,  while  we  held  the 
poor  man  within  the  grasp  of  the  tax-gatherer.  *  *  *  I 
hope  and  trust  and  pray  that  the  House  will  endeavor 
to  devise  an  equitable  system  at  the  present  session ; 
one  that  shall  sustain  the  credit  of  the  country,  and 
show  to  men  at  home,  and  to  the  nations  of  the  world 
abroad,  that  we  are  ready  to  give  up  our  men  as  well 
as  our  money,  for  the  purpose  of  sustaining  the  flag  of 
our  country,  and  putting  down  armed  resistance  to  the 
Constitution  and  the  Union  of  these  States." 

In  the  second  session  of  this  Congress,  which  met 
in  December,  1862,  his  voice  was  heard  oftener.  He 
gave  a  vigorous  support  to  the  Administration.  On 
the  7th  of  March,  1862,  he  made  a  powerful  speech  in 
behalf  of  General  Fremont,  defending  him  from  the 
attacks  of  Mr.  Blair,  of  Missouri. 

When  the  country  was  shocked  and  stunned  by  the 
death  of  Colonel  Baker,  Mr.  Colfax  delivered  the  fol 
lowing  beautiful  eulogy  upon  the  dead  hero  : 

"Mr.  Speaker,  the  funeral  procession  of  the  de 
parted  Baker  has  passed  through  the  crowded  streets 
of  our  Atlantic  cities.  The  steamer,  perhaps,  to-day  is 
bearing  its  precious  burden  between  the  portals  of  the 
Golden  Gate.  The  thousands  who,  with  enthusiastic 
acclaim,  cheered  his  departure  as  a  Senator,  stand  with 
bowed  frames,  and  bared  heads,  and  weeping  eyes,  to 


132  LIFE   OF   SCHUYLER   COLFAX. 

receive  with  honor,  but  with  sorrow,  the  lifeless  remains 
that  are  to  be  buried  in  their  midst.  And  there  de 
volves  upon  us,  his  former  associates,  brought  by  the 
telegraph  almost  to  the  side  of  his  open  grave,  the  duty 
of  rendering  also  our  tribute  of  affection  to  his  memory. 
"To  say  that  the  deceased  Senator  was  an  extraor 
dinary  man,  is  simply  to  reiterate  what  the  whole 
country  has  long  since  conceded.  He  carved  out  his 
own  place  in  the  temple  of  fame.  He  built  his  own 
niche  in  the  American  Valhalla.  And  if  the  French 
philosopher,  D'Alembert,  was  correct  in  saying  that 
there  are  but  three  ways  of  rising  in  the  world — to 
soar,  to  crawl,  and  to  climb — our  friend's  history  is  a 
striking  exemplification  of  the  last  and  worthiest  of 
these  ways.  The  hand-loom  weaver  boy  of  Philadel 
phia — the  friendless  lad,  with  his  whole  fortune  in  a 
meagre  bundle,  turning  his  face  westward — the .  patient 
journey,  footsore  and  weary,  over  mountains  and  val-j 
leys — the  deputy  in  the  clerk's  office  at  Carrolton,  pa 
tiently  mastering  the  principles  of  the  law — his  rapid 
rise  in  his  profession — his  election  to  Congress  from 
the  capital  of  Illinois — his  volunteering  in  the  Mexican 
War,  and  raising,  equipping,  and  marching  his  regi 
ment  within  fourteen  days — his  brilliant  charge  at 
Cerro  Gordo,  when,  following  up  the  victory  which  his 
impetuous  and  dashing  heroism  had  mainly  won,  he 
pursued  the  enemy  for  miles  with  fearful  slaughter — 
his  removal,  on  his  return,  to  another  Congressional 
District,  which  he  carried  by  his  wonderful  eloquence 
against  its  previous  political  convictions — his  removal 
to  California — his  thrilling  oration  over  the  murdered 


EULOGY  ON  SENATOR  BAKER.          133 

Broderick — his  triumphant  canvass  in  Oregon — his 
election  to  the  Senate  by  a  Legislature,  a  large  ma 
jority  of  which  differed  with  him  in  their  political 
associations — his  brilliant  and  impromptu  denuncia 
tions  of  traitors,  whom,  in  the  Senate  Chamber,  he 
prophetically  hurled  from  the  Tarpeian  rock — his  ex 
changing  the  robe  of  a  Senator  for  the  sword  of  a  sol 
dier — his  daring  struggle  to  wrest  victory,  against 
overwhelming  odds,  from  fate  itself— and  his  death 
at  the  head  of  his  column,  literally  with  his  back  to 
the  field,  and  his  face  to  the  foe — what  an  eventful 
life,  to  be  crowned  by  such  a  glorious  death ! 

"  We  know  not  but  that  death  may  have  been  as 
welcome  to  him  as  life,  especially  when  he  fell  in  such 
a  sacred  cause.  Some  long  for  death  on  the  battle 
field,  knowing  that  it  is  appointed  for  all  men  once  to 
die,  and  that  he  who  dies  for  his  country  is  enshrined 
forever  in  thousands  upon  thousands  of  patriot  hearts. 
Others  who,  if  we  could  put  a  window  in  their  breasts, 
we  would  find  that  they  carried  a  burden  of  care  or  sor 
row  through  life,  feel  that  the  shaft  of  death,  when 
sped  by  its  messenger,  would  have  no  pain  for  them. 
And  with  others,  life  is  so  joyous  that  the  hour  of  their 
departure  is  one  of  gloom,  and  thick  darkness  encom 
passes  the  valley  their  feet  must  tread.  But  for  our 
friend,  who  had  won  his  way  to  his  highest  ambition, 
and  who  fell  in  the  very  zenith  of  his  fame,  in  defence 
of  the  Constitution  and  the  Union,  charging  at  the 
head  of  advancing  columns,  careless  of  danger,  of 
odds,  or  of  death,  leaving  behind  him  a  glory  which 
shall  survive  long  after  his  tombstone  has  moulded  into 


134  LIFE   OF   SCHUYLER   COLFAX. 

dust — we  should  rather  weave  for  him  a  garland  of  joy 
than  a  chaplet  of  sorrow. 

"  I  know  there  was  sadness  in  the  family  which  no 
earthly  sympathy  can  assuage.  I  know  there  was 
sadness  at  the  White  House,  where  his  early  friends 
mourned  their  irreparable  loss.  I  know  there  was  sad 
ness  at  the  Capitol ;  sadness  on  the  Atlantic  Coast ; 
sadness  in  the  Valley  of  the  Mississippi ;  sadness,  as 
one  of  the  first  messages  flashed  along  the  wire  he  had 
so  earnestly  longed  to  see  stretched  from  Ocean  to 
Ocean,  bore  to  the  Pacific  the  tidings  of  their  great  ( 
loss.  There  was  sadness  around  the  camp  fires  of  over 
a  half  million  gallant  volunteers,  who,  like  him,  had 
offered  their  lives  to  the  country  in  its  hour  of  trial. 
So,  too,  if  the  legends  of  antiquity  intended  to  com 
memorate  some  patriotic  sacrifice  of  life  by  the  story  of 
Curtius  leaping  into  an  open  gulf  to  save  the  Roman 
Republic,  was  there  sorrow  doubtless  at  his  fate.  And 
sadness,  too,  when  Leonidas,  at  the  head  of  his  feeble 
band,  looked  death  calmly  in  the  face,  and  gave  up  his 
narrow  space  of  earthly  life  to  live  immortalized  in 
history. 

"  But,  though  there  may  be  sadness  such  as  this, 
let  us  also  rejoice  that  our  friend  has  left  behind  him 
such  a  record  and  such  a  fame,  heightened  by  his  magi 
cal  eloquence,  and  hallowed  forever  by  his  fervid  pa 
triotism.  For,  doubly  crowned,  as  statesman  and  as 
warrior — 

4  From  the  top  of  Fame's  ladder  he  stepped  to  the  sky.'  " 

During  the  fall  of  1862,  elections  were  held  for  the 
members  of  the  38th  Congress,  and  Mr.  Colfax  was 


HE-ELECTED    TO    CONGRESS.  135 

again  nominated  by  his  party.  The  country  was  then 
in  the  midst  of  its  heaviest  reverses,  and  the  prospects 
of  the  Administration  and  its  friends  were  exceedingly 
gloomy.  It  was  a  time  when  even  the  most  loyal  men 
of  the  land  were  inclined  to  doubt  the  wisdom  of  the 
Government,  and  when  distrust  and  despondency  pre 
vailed  everywhere.  The  Peace  Democrats  and  Cop 
perheads  of  the  loyal  States,  encouraged  by  this  state 
of  affairs,  boldly  denounced  the  war  as  a  failure,  and 
everywhere  made  great  gains  in  the  elections.  It 
was  of  the  highest  importance  at  such  a  time  that  a 
Congress,  loyal  to  the  heart's  core,  should  be  returned 
by  the  country,  as  the  President  needed  its  undivided 
support  in  the  onerous  task  imposed  upon  him,  and  it 
became  necessary  for  the  friends  of  the  Union  to 
put  forth  their  most  strenuous  exertions  to  secure  the 
election  of  candidates  pledged  to  the  support  of  the 
Administration  and  the  War. 

In  such  a  state  of  affairs,  it  was  felt  by  the  Repub 
licans  of  the  Ninth  Indiana  District  that  no  man  of 
their  party  but  Mr.  Colfax  could  be  returned  to  Con 
gress,  and  he  was  again  nominated.  The  contest  was 
close  and  exciting,  but  he  was  returned  by  a  majority 
of  249,  a  large  majority,  under  the  circumstances,  and 
due  solely  to  his  personal  merit  and  popularity. 

On  the  5th  of  December,  1862,  the  Third  Session 
of  the  Thirty-seventh  Congress  began  its  deliberations. 

On  the  same  day,  Mr.  Colfax  offered  the  following 
resolution,  which  was  adopted: 

"  Resolved,  That  the  President  be  requested,  if  not 
incompatible  with  the  public  interests,  to  communicate 


136  LIFE   OF  SCHUYLER   COLFAX. 

to  this  House  any  letters  of  the  Mexican  minister  at 
Washington,  or  other  correspondence  or  information 
in  possession  of  the  Government,  relative  to  the  present 
condition  of  affairs  in  Mexico." 

On  the  8th,  Mr.  Stevens,  of  Pennsylvania,  intro 
duced  a  bill  to  indemnify  the  President  and  those  per 
sons  acting  under  his  orders  for  the  suspension  .of  the 
writ  of  habeas  corpus,  and  acts  done  in  pursuance  of 
the  same.  The  bill  was  favorably  received  by  the  Re 
publicans,  but  met  with  considerable  opposition  from 
the  Democrats.  It  was  finally  passed,  however,  by  a 
vote  of  88  ayes;  to  16  noes.  Mr.  Colfax  gave  the 
measure  his  warm  support,  as  he'  believed  it  absolutely 
essential  to  the  successful  prosecution  of  the  war,  and 
in  urging  the  passage  of  the  bill,  said : 

"  I  differ  with  the  gentleman  from  New  York  in 
regard  to  this  matter,  in  toto.  The  proffer  was  made 
by  the  gentleman  from  Pennsylvania  to  gentlemen  on 
the  other  side  of  the  House  to  postpone  the  bill,  and 
make  it  a  special  order.  They  rejected  it,  as  they  had 
a  right  to  do.  Then  the  question  comes  up  whether 
the  bill  shall  lose  its  place  by  not  being  made  a  special 
order,  or  should  be  passed  at  once.  I  think  a  majority 
of  the  House  are  prepared  to  pass  the  bill  now.  In 
stead  of  being  any  thing  discreditable,  I  think  it  would 
be  highly  creditable  to  the  House  to  pass  the  bill  at 
this  early  stage  of  the  session.  We  all  understand  the 
whole  question.  It  has  been  discussed  all  over  the 
land  whether  the  President  should  have  authorized  the 
suspension  of  the  habeas  corpus  as  to  persons  charged 
with  treason,  or  with  sympathizing  with  it  during  this 


RELATIONS    WITH   THE    PRESIDENT.  137 

rebellion,  or  not.  All  that  has  been  done  has  been  done 
by  his  authority  communicated  to  his  Secretaries  and 
through  them  to  others.  I  stand  ready  to  pass  a  bill 
indemnifying  him.  I  took  the  responsibility  before  my 
constituents  of  indorsing  his  action  throughout  as  a 
whole,  intended  as  it  was  to  save  the  Republic,  and  to 
cripple  the  power  of  its  enemies.  We  have  either  to 
vindicate  him  as  now  proposed,  or  leave  him  to  be  per 
secuted  as  soon  as  he  retires  from  office  by  those  whom 
he  arrested.  I  rejoice  that  I  have  this  opportunity  of 
voting  for  this  bill,  and  I  hope  it  will  pass  at  once." 

His  intimate  relations  with  the  President  had 
taught  him  an  abiding  faith  in  the  purity  and  patriotic 
wisdom  of  that  great  and  good  man,  and  he  knew  that 
the  power  thus  entrusted  to  him  would  not  be  wrong 
fully  used,  and  his  knowledge  of  the  difficult  task  be 
fore  the  Government,  convinced  him  of  the  vital  im 
portance  of  such  a  measure  on  the  part  of  Congress. 

He  exerted  himself  in  favor  of  the  admission  of 
the  new  State  of  West  Virginia  into  the  Union,  and 
contributed  greatly  to  the  result  by  which  that  noble 
young  Commonwealth  obtained  its  present  position  in 
the  galaxy  of  the  States.  On  the  9th  of  December,  he 
made  a  powerful  appeal  in  favor  of  the  bill  for  this 
purpose.* 

On  the  15th  of  December,  he  introduced  a  resolu 
tion  for  the  reduction  of  the  duty  on  imported  paper 
from  thirty-five  per  cent,  to  ten  per  cent.  The  resolu 
tion  came  up  in  the  House  on  the  12th  of  January, 
1863,  but  was  defeated. 

*  For  this  Speech,  see  Appendix,  V. 


138  LIFE    OF   SCHUYLER   COLFAX. 

Early  in  the  Session  the  Post  Master  General 
made  a  communication  to  the  House,  urging  upon  it 
the  necessity  of  conferring  the  franking  privilege  upon 
the  Military  Governors  of  the  Rebel  States.  The 
matter  was  referred  to  the  Post  Office  Committee,  and 
on  the  6th  of  January,  1863,  Mr.  Colfax,  as  Chairman 
of  that  Committee,  made  an  adverse  report  upon  the 
measure. 

On  the  same  day  he  reported  a  bill  to  authorize 
additional  mailable  matter.  The  bill  was  read  in  ex- 
tenso,  and  finally  passed.  It  is  the  law  which  provides 
that  the  Post  Master  General  shall  be  authorized 
to  permit  articles  not  included  at  the  time  of  the  pas 
sage  of  the  bill,  in  the  schedule  of  mailable  matters  to 
be  sent  through  the  United  States  mails  at  rates  now 
established  for  book  postage,  not  exceeding  in  weight 
the  maximum  now  established  by  law.  In  presenting 
the  bill,  Mr.  Colfax  gave  the  following  clear  explana 
tion  of  the  benefits  of  the  system :  He  said, 

u  Mr.  Speaker,  this  bill  is  founded  upon  petitions 
from  all  parts  of  the  country.  Congress  is  asked  that 
the  people  everywhere,  who  have  friends  in  the  Army, 
may  be  allowed  to  send  through  the  mails  articles 
which  are  not  now  included  in  the  schedule  of  mail 
matter.  The  existing  law  is  very  strict  in  providing 
what  is  mailable  matter.  At  the  last  Congress,  the 
schedule  was  extended  so  as  to  embrace  maps  upon 
rollers,  seeds  and  cuttings,  phonetic  envelopes,  &c.,  not 
over  four  pounds  in  weight,  at  one  cent  per  ounce.  Still 
the  law  does  not  include  a  number  of  little  things 
which  friends  at  home  would  like  to  send  to  their 


CARE   FOR    THE    SOLDIERS.  139 

friends  in  the  Army.  The  bill  only  authorizes  the  Post 
master  General  to  permit  such  articles  to  pass  through 
the  mails  as  additional  mailable  matter.  It  properly 
leaves  the  subject  to  the  discretion  of  the  Postmaster 
General,  who  will  of  course  exercise  it  judiciously. 
There  can  be  no  reason,  founded  on  principle,  why 
books  less  than  four  pounds  in  weight  should  be  allow 
ed  in  the  mails  at  one  cent  per  ounce,  and  boots  of  the 
same  weight,  for  a  soldier,  prohibited.  Why  admit  seeds 
and  cuttings,  often  with  damp  earth  around  them,  at 
one  cent  per  ounce,  and  prohibit  stockings  and  mittens, 
sent  by  loved  friends  at  home  to  their  soldier  kinsmen 
in  this  wintry  season — prohibited,  or  only  allowed  at 
letter  postage  rates,  six  cents  per  ounce  ?  Maps  on 
rollers,  the  most  inconvenient  and  vexatious  of  all  mail- 
able  matter,  are  permitted  at  one  cent  per  ounce  ;  why 
not  a  flannel  shirt  as  well,  when  it  is  doubly  valuable 
as  a  memento  of  affection  and  a  preservative  of  health  ? 
Express  companies  do  not  always  follow  armies,  nor 
can  they  always  deliver  packages  to  the  soldiers.  But 
the  mail  always  follows  the  flag.  I  think  I  need  not 
add  any  argument  to  this  plain  presentation  of  facts, 
but  hope  the  bill  will  be  at  once  and  unanimously  pass 
ed.  A  similar  bill,  reported  by  me,  passed  this  House 
at  its  last  session,  but  failed  in  the  Senate.  I  hope  now 
it  may,  if  passed  here,  meet  with  better  success  at  the 
other  end  of  the  Capitol." 

On  the  19th  of  January,  he  introduced  measures  for 
the  more  efficient  collection  of  the  revenue,  which  were 
referred  to  the  Committee  of  Ways  and  Means. 

On  the  20th  of  January,  the  Committee  on  Elec- 


140  LIFE   OF   SCHUYLER   COLFAX. 

tions  reported  a  resolution  that  Mr.  Vandever,  one  of 
the  members  from  Iowa,  was  not  entitled  to  his  seat  in 
the  House,  in  consequence  of  having  been  mustered 
into  the  service  of  the  Union  as  Colonel  of  the  Ninth 
Iowa  regiment.  The  resolution  drew  forth  considera 
ble  debate,  being  warmly  contested,  as  it  involved  the 
whole  question  of  the  right  of  a  member  to  hold  a  mil 
itary  commission  and  at  the  same  time  retain  his  seat. 
Mr.  Colfax  earnestly  opposed  the  passage  of  the  resolu 
tion,  declaring  that  it  was  not  fair  to  an  absent  mem 
ber  to  exclude  him  from  his  seat  for  his  patriotism. 
His  speech  is  so  very  interesting  that  it  is  given,  for  the 
benefit  of  the  reader,  at  the  close  of  this  volume.* 

The  Hebel  President,  having  refused  to  exchange  or 
parole  the  captured  officers  of  our  army.  Mr.  Colfax,. on 
the  30th  of  January,  took  steps  to  bring  about  a  dis 
continuance,  on  the  part  of  the  Government,  of  the 
practice  of  paroling  or  exchanging  Hebel  officers,  if 
such  steps  had  not  been  already  taken  by  the  military 
authorities.  He  was  in  favor  of  meting  out  to  the 
prisoners  held  by  us  the  same  treatment  accorded  by 
the  enemy  to  the  Union  prisoners  in  their  hands. 

On  the  llth  of  February,  the  Committee  on  the 
District  of  Columbia  reported  a  bill  to  reduce  the 
fare  on  the  Washington  and  Georgetown  Passenger 
Railway  from  five  to  three  cents,  a  measure  which 
would  have  ruined  the  Company.  Mr.  Colfax  opposed 
it  earnestly,  and  owing  to  his  exertions  the  measure  was 
defeated,  by  the  bill  being  laid  on  the  table,  yeas  82 ; 
nays  22.  The  following  is  the  closing  portion  of  the 
*  See  Appendix,  VI, 


THE   GEORGETOWN   RAILWAY.  141 

debate  on  the  measure,  and  embodies  the  remarks  of 
Mr.  Colfax: 

"Mr.  Colfax.— Mr.  Speaker 

"  The  Speaker. — Does  the  gentleman  from  Virginia 
withdraw  the  previous  question  ? 

"  Mr.  Segar. — I  will,  if  the  gentleman  from  Indiana 
will  renew  it. 

"  Mr.  Colfax. — I  suggest  to  my  friend  from  Vir 
ginia  that  it  is  not  exactly  fair  to  make  a  speech  and 
then  call  the  previous  question. 

"  Mr.  Segar. — Both  sides  have  been  heard. 

"  Mr.  Holman. — I  hope  my  colleague  will  not 
place  himself  in  the  position  of  accepting  the  floor  on  a 
pledge  to  call  the  previous  question. 

"  Mr.  Colfax. — The  House  can  vote  it  down. 
When  this  bill  was  introduced  by  the  gentleman  from 
Illinois,  I  could  not  suppose  that  he  was  in  earnest  in 
desiring  to  press  it  on  the  American  Congress  at  this 
session. 

"Mr.  Washburne. — I  never  was  more  in  earn 
est. 

"  Mr.  Colfax. — I  heard  something  to-day  from  my 
friend  from  Illinois  about  complaints  of  laboring  men 
in  regard  to  this  road  ;  but  I  have  yet  to  hear  of  one 
solitary  laboring  man  in  the  District  of  Columbia  who 
has  petitioned  us  to  change  the  charter  of  this  road  as 
the  gentleman  proposes.  It  is  well  known  that  before 
the  establishing  of  this  road  the  man  who  resided  in 
Georgetown,  and  worked  in  the  Washington  navy-yard, 
had  to  pay  ten  cents  to  ride,  by  two  omnibus  lines,  to 
the  place  of  his  employment.  He  now  rides  for  five 


142  LIFE   OF  SCHUYLER  COLFAX. 

cents,  in  less  time  and  with  better  accommodations, 
and  is  abundantly  satisfied  with  the  change. 

"  Mr.  Holman. — Will  not  my  friend  add  that  the 
laboring  men  of  both  branches  of  Congress,  especially 
of  the  House  of  Representatives,  are  '  dead-heads 1  on 
this  road  ? 

"  Mr.  Colfax. — I  suppose  my  friend  is  a  '  dead 
head  '  too,  as  he  is  one  of  the  laboring  men  of  this 
House.  [Laughter.] 

"  Mr.  Holman. — My  colleague  is  also. 

"  Mr.  Colfax. — As  to  the  idea  of  free  tickets  influ 
encing  members  one  way  or  other,  I  do  not  suppose 
that  any  member  regards  himself  as  so  influenced. 
Certainly  the  gentleman  from  Illinois  has  not  been. 

"  Mr.  Washburne. — I  desire  to  say,  for  one,  that  I 
have  no  free  ticket. 

"Mr.  Colfax. — I  am  sorry  my  friend  has  stated 
that  fact,  because  it  might  be  thought  that  that  was 
the  motive  of  his  action. 

"  Mr.  Washburne. — I  did  not  think  proper  to  re 
ceive  it,  and  I  sent  it  back. 

"Mr.  Colfax. — I  hope  that  my  friend  does  not 
do  that  with  all  the  railroad  tickets  sent  to  him ;  but 
I  assure  him  that  I  do  not.  I  am  perfectly  willing 
to  receive  as  many  as  the  companies  see  fit  to  send, 
and  have  never  supposed  that  my  independent  action 
would  be  controlled  by  receiving  them. 

"  Now,  in  regard  to  the  complaint  as  to  the  excess 
of  fare,  will  the  gentleman  from  Illinois  point  out  to 
me  any  city  in  the  Union  where  street  cars  are  running 
at  three  cents  fare  ?  I  know  of  none.  I  know  that 


THE    GEORGETOWN   RAILWAY.  143 

this  road  has  as  heavy  grades  as  can  be  found  in  any 
city  of  the  Union  for  the  cars  to  run  on.  We  know 
that  the  cost  of  feed,  and  the  wages  of  conductors 
and  drivers  are  larger  here  than  in  any  other  city.  In 
Philadelphia,  a  city  of  a  large  population,  passengers 
have  to  pay  seven  cents  for  transfer  tickets,  if  they  de 
sire  to  ride  on  two  connecting  roads.  In  New  York 
they  have  to  pay  ten  cents.  Here,  passengers  are 
transferred  from  one  line  to  another,  so  that  they  can 
ride  on  three  different  lines  for  five  cents. 

"  Mr.  Thomas,  of  Massachusetts. — I  wish  to  ask 
the  gentleman  from  Indiana,  and  the  gentlemen  who 
are  interested  on  that  side  of  the  House,  whether  the 
equal  rights  of  colored  persons  are  secured  on  these 
cars  ?  I  have  seen  a  poor  colored  woman  riding  on 
the  front  platform  in  a  snow  storm,  and  I  understand 
that  that  class  of  persons  are  excluded  from  the  cars. 
For  one  I  protest  against  that.  [Laughter.] 

"  Mr.  Colfax. — I  was  not  aware  that  the  African 
was  to  be  brought  into  this  street-car  discussion,  or  I 
should  not  have  participated  in  it.  The  question  of 
the  gentleman  from  Massachusetts  I  am  unable  to  an 
swer.  I  do  not  know  what  municipal  regulations 
there  are  on  the  subject."  [Mr.  Lovejoy  rose.] 

"  Mr.  Colfax. — I  decline  to  yield  just  now,  for  I  do 
not  wish  to  prolong  the  discussion.  I  rose  to  speak 
briefly,  and  will  not  detain  the  House  more  than  a 
minute  or  two.  Now,  it  may  be  that  these  proprietors 
may  have  found  the  running  of  the  city  cars  during 
the  present  winter  profitable.  There  have  for  some 
time  past  been  an  unusual  number  of  people  in  the 


144  LIFE   OF   SCHUYLER   COLFAX. 

city,  owing  to  the  proximity  of  the  army  of  the  Poto 
mac.  But  I  hope  the  time  will  not  be  far  distant  when 
that  army  of  the  Potomac  will  remove  to  a  greater  dis 
tance  from  Washington.  It  is  also  well  known  that 
the  presence  of  Congress  in  the  city  also  very  materi 
ally  increases  the  population  for  the  time  being.  This 
population  will  be  considerably  decreased  at  the  close 
of  the  session,  which  is  drawing  near.  And  gentlemen 
know  that  Congress  is  in  session  here  only  nine  months 
out  of  the  twenty-four. 

"  Now,  sir,  when  this  company  have  furnished  finer 
cars  than  I  have  seen  in  any  other  city — finer  than  any 
in  the  city  of  New  York ;  when  they  transport  their 
passengers  over  three  lines  of  railroad  for  one  fare  of 
five  cents  ;  when  they  received  this  charter — let  it  be 
remembered,  not  given  as  a  favor  to  any  corporation, 
for  Congress  refused  to  extend  any  such  favor ;  but  the 
charter  was  made  open  to  the  entire  world  to  subscribe 
— the  persons  who,  under  these  circumstances,  sub 
scribed  the  stock  of  the  company  are  fairly  entitled  to 
all  the  benefits  of  the  charter ;  and  when  they  have 
performed  all  that  devolved  upon  them  under  their 
charter,  I  say  it  would  be  an  act  of  bad  faith  upon  the 
part  of  Congress  to  strike  down  their  powers.  I  grant 
that  Congress  did  reserve  to  itself  the  right  to  reduce 
the  rate  of  fare.  We  have  the  power,  if  we  see  fit  to 
use  it  arbitrarily,  to  reduce  the  fare  to  one  cent,  and 
destroy  the  railroad  entirely  ;  but  whether  any  one 
would  risk  his  property  thereafter  upon  the  faith  of 
Congress  might  well  be  doubted. 

"  Now,  let  me  say  to  the  gentleman  from  Illinois 


THE    GEORGETOWN  RAILWAY.  145 

[Mr.  "Washburne],  who  undertook  to  speak  in  behalf 
of  the  laboring  man,  that  we  have  provided  for  the  la 
boring  men  of  this  city,  not  only  facilities  for  travel 
which  they  have  not  enjoyed  heretofore,  but  greater 
facilities  than  are  enjoyed  in  any  other  city.  At 
any  rate,  before  I  will,  by  my  vote,  make  the  change 
in  the  charter  of  this  company  which  this  bill  proposes, 
I  must  have  the  petition  of  some  man  or  woman  in  the 
District  of  Columbia  for  the  change.  And  as  to  the 
remark  of  my  friend  as  to  the  cars  being  often  crowded, 
we  all  know  that  in  New  York  it  is  often  impossible, 
on  some  of  its  street  railroads,  to  get  even  standing 
room  coming  down  town  in  the  morning,  or  going  up 
town  in  the  evening. 

"  I  now,  in  obedience  to  my  promise,  demand  the 
previous  question,  though  I  shall  myself  vote  against 
it  if  the  House  desires  to  continue  the  discussion. 

"  Mr.  Lovejoy. — Is  it  in  order  to  move  to  recommit 
the  bill  with  instructions  ? 

"  The  Speaker. — It  is  not  while  the  motion  for  the 
pevious  question  is  pending. 

"  Mr.  Sheffield  called  for  tellers  on  seconding  the 
demand  for  the  previous  question. 

"  Tellers  were  ordered  ;  and  Messrs.  Olin  and  De 
lano  were  appointed. 

"  The  House  divided  ;  -and  the  tellers  reported — 
ayes  82,  noes  17. 

"  So  the  previous  question  was  seconded. 

u  Mr.  Lovejoy. — I  rise  to  a  privileged  question.    I 
move  to  reconsider  the  vote  by  which  the  previous 
question  was  seconded. 
10 


146  LIFE   OF   SCHUYLER   COLFAX. 

I 

"  The  Speaker. — That  motion  is  not  in  order.  It 
is  not  in  order  to  reconsider  a  vote  which  has  been  par 
tially  executed. 

"  Mr.  Covode.— I  moye  to  lay  the  bill  upon  the 
table. 

"  Mr.  Washburne. — I  rise  to  a  question  of  order. 
I  want  to  know  whether,  if  the  bill  is  laid  on  the  table, 
it  will  carry  with  it  the  amendment  which  compels  this 
company  to  show  their  hands  ? 

"  The  Speaker. — The  vote  laying  the  bill  upon  the 
table  wquld  carry  the  whole  subject  with  it. 

"  Mr.  Washburne. — Then  I  hope  it  will  not  be  laid 
on  the  table.  I  want  this  Pennsylvania  company  to  be 
made  to  show  their  hands. 

"  The  question  was  taken  on  Mr.  Covode's  motion ; 
and  there  were — ayes  82,  noes  22. 

"  Mr.  Washburne  demanded  the  yeas  and  nays. 

"  The  yeas  and  nays  were  not  ordered. 

"  M.  Washburne  demanded  tellers  on  the  yeas  and 
nays. 

"  Tellers  were  not  ordered. 

"  So  the  bill  was  laid  on  the  table. 

"  Mr.  Washburne. — I  give  notice  that  on  the  first 
day  of  next  Session  I  will  introduce  this  bill,  and  that 
I  will  press  it  to  a  vote. 

"Mr.  Colfax. — I  hope  my  friend  from  Illinois  will 
accept  his  free  ticket  now.  [Laughter.]  " 

On  the  llth  of  February,  the  Naval  Appropriation 
Bill  being  under  consideration,  he  obtained  the  passage 
of  an  amendment  giving  to  each  of  the  members  of  the 
House  during  that  Session,  the  privilege  of  appointing 


VIEWS   UPON   THE   FINANCES.  147 

one    additional    Midshipman    to    the    Naval   Acad 
emy. 

On  the  13th,  he  introduced,  in  behalf  of  the  fam 
ilies  of  our  dead  heroes,  the  following  resolution,  which 
was  agreed  to  : 

"Resolved,  That  the  Second  Auditor  of  the  Treas 
ury  be  directed  to  inform  the  House  of  Representatives 
whether  some  plan  cannot  be  devised  by  which  the 
bounty  of  $100  can  be  promptly  paid  to  the  families 
of  deceased  Volunteers,  leaving  only  the  claims  for  ar 
rears  of  pay  to  be  settled  by  the  pay-rolls." 

Indeed,  all  through  the  war,  the  army  and  navy 
found  in  him  a  warm  and  ready  Mend ;  and  there  was 
no  measure  for  their  relief  or  comfort  that  did  not  meet 
an  active  and  energetic  support  at  his  hands. 

He  sustained  the  measures  of  the  Administration 
during  this  Session,  exerting  himself  throughout  to 
place  the  Government  in  possession  of  every  thing  and 
every  power  necessary  to  carry  on  the  war.  Success— 
the  reestablishment  of  the  authority  of  the  Union  over 
the  whole  South — was  the  first  consideration  with  him. 
Every  thing  else  was  made  subordinate  to  this ;  and 
his  patriotism  was  as  hopeful  as  it  was  energetic.  This 
is  clearly  shown  by  the  following  remarks,  which  he 
made  in  the  House  on  the  27th  of  February,  1863; 
and  which  are  also  interesting  as  a  statement  of  his 
views  upon  the  financial  measures  of  that  day : 

"  I  regret  to  see  the  gentleman  from  Illinois  [Mr. 
Washburne]  exhibit  such  warmth,  because  I  am  almost 
certain  that  on  the  yeas  and  nays  the  House  will 
concur  in  the  Senate  amendment.  The  discussion  has 


148  LIFE    OF   SCHUYLER   COLFAX. 

V 

taken  a  range  in  regard  to  the  Bank  bill  recently 
passed.  I  voted  for  that  bill,  after  a  good  deal  of 
hesitation  and  deliberation.  I  will  state  to  the  House 
frankly,  as  I  made  no  speech  on  that  subject,  what 
finally  influenced  my  decision.  It  was  because  the 
Secretary  of  the  Treasury  declared  his  belief  that  the 
measure  was  necessary  among  other  things  to  strengthen 
the  credit  of  the  Government  by  making  a  new  demand 
for  bonds.  It  was  on  the  same  ground  that  I  voted 
for  the  Tax  bill.  The  result  proves  the  correctness  of 
the  Secretary's  decision  ;  for  the  bonds  of  the  United 
States  have  since  gone  up  in  the  market  from  ninety- 
three  cents  to  above  par. 

"  Now,  if  there  is  one  thing  in  which  the  Tax  bill 
of  last  Session  is  defective — and  I  acknowledged  it  when 
arraigned  before  my  constituents  for  it — it  is  that  while 
it  taxes  the  promissory  notes  of  individuals  by  com 
pelling  the  use  of  a  stamp,  it  does  not  tax  the  promis 
sory  notes  of  banks  which  circulate  as  money.  I  am 
no  enemy  to  the  banks.  In  the  political  school  in 
which  I  was  raised  I  was  taught  to  be  friendly  to  the 
banks  to  a  reasonable  degree.  But  the  banks  should 
bear  their  share  of  the  common  burden,  and  that  is  the 
pole-star  of  duty  that  guides  me  in  all  my  votes  on 
these  measures. 

"  Gentlemen  complain  that  we  are  going  to  crush 
the  banks  because  we  propose  to  tax  them  one  per  cent, 
on  their  circulation  for  the  next  two  years,  and  two 
per  cent,  afterwards.  Now,  the  manufacturers  in  the 
rural  towns  and  villages  throughout  the  country  have 
to  pay  not  one  per  cent.,  but  three  per  cent,  on  their 


THE   FINANCES.  149 

entire  business.  Sometimes  they  pay  the  tax  two  or 
three  times  on  the  various  articles  entering  into  the 
manufacture,  as  was  shown  in  the  discussions  yester 
day  on  the  amendatory  Tax  bill  in  the  Committee  of 
the  Whole  on  the  state  of  the  Union.  My  friend  from 
Massachusetts  [Mr.  Dawes]  says  the  banks  also  pay 
three  per  cent,  on  their  business.  Not  so.'  They  pay 
three  per  cent,  on  their  profits,  not  on  their  business. 
They  pay  no  license  even  as  bankers ;  while  licenses 
have  to  be  paid  by  retail  dealers,  wholesale  dealers,  and 
even  by  newspaper  proprietors  before  they  can  carry 
on  their  business.  Even  the  stamp  of  two  cents  on 
bank  checks  is  not  paid  by  the  banks,  but  by  indi 
viduals. 

"  Now,  the  only  question  that  concerns  me  in  the 
difference  between  the  two  Houses  is  this :  which  of 
the  two  modes  proposed  is  the  most  just  and  equitable? 
The  proposition  of  the  House  is  to  tax  the  excess  of 
circulation  of  banks  over  a  certain  percentage  of  their 
capital.  The  effect  of  this  would  be  to  exempt  entirely 
from  the  tax  the  large  banks  of  New  York,  with  their 
immense  deposits  and  small  circulation,  and  to  bear 
heavily  upon  the  small  country  banks. 

"Mr.  Dawes. — So  it  is  under  the  Senate  proposi 
tion. 

"  Mr.  Colfax. — No,  sir ;  the  effect  of  the  Senate 
provision  is  that  the  entire  issue  of  a  bank  is  to  be 
taxed.  There  is  no  sliding  scale.  If  a  bank  issues 
$100,000  or  $1,000,000,  it  is  taxed  one  per 'cent  on 
the  whole.  I  think  that  is  equitable  to  all. 

"My  friend  from  Massachusetts  spoke  about  the 


150  LIFE    OF    SCHUYLER    COLFAX. 

relief  which  the  banks  extended  to  the  country  in  the 
hour  of  peril.  I  wish  to  render  my  homage  to  the  banks 
for  their  patriotism  at  that  trying  hour.  They  acted 
like  corporations  that  had  souls.  They  acted  like 
patriots  in  their  advances  to  Government  in  its  hour 
of  need ;  and  they  have  received  an  abundant  reward 
in  the  large  interest  they  have  received,  and  in  the 
dividends  they  have  thereby  been  able  to  divide  among 
their  stockholders.  Are  there  not  others,  however, 
who  have  made  sacrifices  for  their  country  in  the  hour 
of  peril?  My  constituents  have  offered  their  living 
treasures  on  the  altar  of  the  country  as  the  banks  risked 
their  golden  treasures.  But  my  constituents  have  no 
exemption  from  the  payment  of  taxes,  although  their 
sons  have  been  stricken  down  on  the  battle-field.  They 
pay  their  burdens.  They  pay  them  cheerfully.  Every 
where  before  them  I  sustained  the  principle  of  the  Tax 
bill.  I  vindicated  it ;  explained  it ;  defended  it.  And 
though  I  knew  its  imperfections,  I  told  them  that  if 
they  struck  me  down  for  voting  for  that  Tax  bill,  even 
with  all  its  imperfections,  they  might  do  so.  But 
these  inconsistencies  and  errors  I  shall  always  vote  to 
correct  when  opportunity  offers. 

"  Now,  I  have  said  all  that  I  desired  to  say.  We 
tax  all  branches  of  business  that  the  Committee  of 
Ways  and  Means,  with  its  great  acumen  and  diligence, 
could  hunt  up  to  pay  taxes.  They  found  this  sess'.on 
a  few  that  they  had  omitted  last  session,  and  they  have 
incorporated  them  in  the  amendatory  tax  bill.  We 
compel  the  use  of  stamps  all  over  the  country,  so  that 
if  two  farmers  trade  horses,  and  there  is  a  note  given 


POSTAL   REFORMS.  151 

for  the  difference,  that  note  must  have  a  stamp  affixed, 
although  they  may  have  to  travel  twenty  miles  to  the 
country  town  to  get  on,e.  Our  constituents  are  willing 
to  bear  all  this.  They  do  not  condemn  the  Admin 
istration  or  Congress  for  it.  They  do  not  assume  that 
this  is  an  act  of  hostility  against  them.  So  we  say  the 
banks  ought  to  bear  their  portion  of  the  burdens  of  the 
war,  and  pay  without  a  murmur  this  tax  of  one  per 
cent,  on  their  circulation  for  the  next  two  years.  If 
during  that  time  it  is  shown  that  two  per  cent,  would 
be  too  high  for  succeeding  years,  it  can  be  modified. 
I  do  not  vote  for  it  to  crush  banks,  but  as  a  rev 
enue  measure,  and  to  equalize  the  burdens  of  tax 
ation." 

Here  the  whole  secret  of  his  public  action  is  stated 
— the  good  of  the  country.  He  is  always  ready  to  lay 
aside  his  private  wishes  and  opinions  for  the  sake  of 
the  country,  which  is  to  him  far  dearer  than  him 
self. 

The  postal  service  also  received  his  careful  atten 
tion.  New  routes  were  established,  providing  the 
most  remote  States  and  Territories  with  ample  mail 
facilities,  and  bringing  all  parts  of  the  country  within 
easy  communication  with  the  National  Capital.  He 
also  procured  the  passage  of  a  bill,  making  the  rates , 
of  postage  on  letters  and  newspapers  uniform  all  over 
the  country,  changing  the  compensation  of  Postmasters 
from  varying  commissions  to  fixed  salaries  ;  establish 
ing  the  free  carrier  system,  which  is  now  working  ad 
mirably  in  all  our  large  cities  ;  reducing  the  rate  of 
postage  on  returned  dead  letters,  and  making  many 


152  LIFE   OF   SCHUYLER   COLFAX. 

other  important  and  valuable  changes  and  reforms. 
His  arguments  in  favor  of  the  bill  were  clear  and 
forcible,  and  are  interesting  as  presenting  a  useful 
statement  of  the  postal  system  of  the  country.* 

*  See  Appendix,  VII. 


CHAPTER  VII. 

Meeting  of  the  38th  Congress — Mr.  Colfax  elected  Speaker — Statement 
of  the  Vote — Remarks  on  taking  the  Chair — How  the  Speech  was 
received — Conduct  as  Speaker — Measures  of  the  38th  Congress — 
Moves  to  expel  Mr.  Long,  of  Ohio — Speech  in  support  of  his  Resolu 
tion — Debate  in  the  House — A  sharp  Colloquy — Fairness  of  Mr.  Col- 
fax — Close  of  the  Session — Remarks  of  the  Speaker — Second  Session 
of  the  38th  Congress — Mr.  Colfax's  Conduct  as  Speaker — Resolution 
of  Thanks — Remarks  of  Messrs.  Cox  and  Dawson — Adjournment  of 
Congress — Address  of  Mr.  Colfax. 

THE  First  Session  of  the  Thirty-Eighth  Congress 
met  on  the  7th  of  December,  1863.  Soon  after  the 
House  was  called  to  order  by  the  Clerk,  Mr.  Wash- 
burne,  of  Illinois,  moved  "  that  the  House  now  pro 
ceed  viva  voce  to  the  election  of  a  Speaker  of  the 
House  of  Representatives  for  the  Thirty-Eighth  Con 
gress."  This  motion  being  agreed  to,  Mr.  Washburne 
said, 

"  Mr.  Clerk,  I  nominate  for  Speaker  of  this  House, 
Mr.  Colfax,  of  Indiana." 

This  nomination  was  greeted  with  a  burst  of  ap 
plause,  which  neither  the  time  nor  the  place  could  re 
strain,  and  the  House,  after  the  other  nominations 
were  made  by  the  Opposition,  proceeded  to  vote  viva 
voce,  with  the  following  result,  which  was  announced 
by  Mr.  Pendleton,  of  Ohio,  on  behalf  of  the  tellers  : 

Whole  number  of  votes  cast,  181  ;  necessary  to  a 
choice,  91 ;  of  which — 


154  LIFE    OF   SCHUYLER   COLFAX. 

Mr.  Colfax  received 101 

Mr.  Cox 42 

Mr.  Dawson 12 

Mr.  Mallory     .  '.. 10 

Mr.  Stebbins     .........       8 

Mr.  King .     .     .     .       6 

Mr.  Blair,  of  Missouri 2 

Mr.  Stiles .       1 

The  Clerk  then  announced  that  Schuyler  Colfax, 
one  of  the  Representatives  from  the  State  of  Indiana, 
having  received  a  majority  of  all  the  votes  given,  was 
duly  elected  Speaker  of  the  House  of  Representatives 
for  the  Thirty-Eighth  Congress,  and  this  announce 
ment  was  again  the  occasion  of  enthusiastic  applause 
from  the  galleries  and  the  floor.  It  was  evident  that 
the  new  Speaker  was  to  commence  his  administration 
under  the  most  favorable  'auspices. 

At  the  suggestion  of  the  Clerk,  Messrs.  Dawson, 
of  Pennsylvania,  and  Cox,  of  Ohio,  conducted  Mr. 
Colfax  to  the  Chair.  Taking  his  place  at  the  Speaker's 
desk,  Mr.  Colfax  then  addressed  the  House  as  fol- 
Ipws :  . 

u  Gentlemen  of  the  House  of  Representatives :  To 
day  will  be  marked  in  American  history  as  the  open 
ing  of  a  Congress  destined  to  face  and  settle  the  most 
important  questions  of  the  century  ;  and  during  whose 
existence  the  rebellion,  which  has  passed  its  culmina 
tion,  will,  beyond  all  question,  thanks  to  our  Army 
and  Navy  and  Administration,  die  a  deserved  death. 
Not  only  will  your  constituents  watch  with  the  strictest 
scrutiny  your  deliberations  here,  but  the  friends  of 


ADDRESS   TO   THE   HOUSE.  155 

liberty,  to  the  most  distant  lands,  will  be  interested 
spectators  of  your  acts  in  this  greater  than  Roman 
forum.  I  invoke  you  to  approach  these  grave  ques 
tions  with  the  calm  thoughtfulness  of  statesmen,  freeing 
your  discussions  from  that  acerbity  which  mars  instead 
of  advancing  legislation,  and  with  unshaken  reliance 
on  that  divine  Power,  which  gave  victory  to  those  who 
formed  this  Union,  and  can  give  even  greater  victory 
to  those  who  are  seeking  to  save  it  from  destruction 
by  the  hand  of  the  parricide  and  traitor.  L  invoke 
you  also  to  remember  that  sacred  truth,  which  all  his 
tory  verifies,  that  '  they  who  rule  not  in  righteousness 
shall  perish  from  the  earth.'  Thanking  you  with  a 
grateful  heart  for  this  distinguished  mark  of  your  con 
fidence  and  regard,  and  appealing  to  you  all  for  that 
support  and  forbearance,  by  the  aid  of  which  alone  I 
can  hope  to  succeed,  I  am  now  ready  to  take  the  oath 
of  office,  and  enter  upon  the  duties  you  have  assigned 


me." 


Mr.  Washburne,  of  Illinois,  then  administered  to 
the  Speaker  elect  the  following  oath  : 

UI,  Schuyler  Colfax,  do  solemnly  swear  that  I  have 
never  voluntarily  borne  arms  against  the  United  States 
since  I  have  been  a  citizen  thereof;  that  I  have  volun 
tarily  given  no  aid,  countenance,  counsel,  or  encourage 
ment  to  persons  engaged  in  armed  hostility  thereto ;  that 
I  have  neither  sought  nor  accepted  nor  attempted  to  ex 
ercise  the  functions  of  any  office  whatever,  under  any 
authority  or  pretended  authority  in  hostility  to  the 
United  States  ;  that  I  have  not  yielded  a  voluntary 
support  to  any  pretended  government,  authority,  power, 


156  LIFE   OF   SCHUYLER   COLFAX. 

or  constitution  within  the  United  States,  hostile  or 
inimical  thereto.  And  I  do  further  swear  that,  to  the 
best  of  my  knowledge  and  ability,  I  will  support  and 
defend  the  Constitution  of  the  United  States  against 
all  enemies,  foreign  and  domestic ;  that  I  will  bear 
true  faith  and  allegiance  to  the  same  ;  that  I  take  this 
obligation  freely,  without  any  mental  reservation  or 
purpose  of  evasion ;  and  that  I  will  well  and  faithfully 
discharge  the  duties  of  the  office  on  which  I  am  about 
to  enter:  So  help  me  God." 

The  speech  was  greeted  with  loud  applause  during 
its  delivery  and  at  its  close,  and  when  the  oath  was 
administered  these  demonstrations  became  overwhelm 
ing.  Though  grateful  for  these,  expressions  of  popular 
regard,  Mr.  Colfax  felt  called  upon  to  preserve  the 
dignity  and  decorum  of  the  House,  and  appealing  to 
the  members  and  galleries  to  preserve  order,  said  : 

"  The  Chair,  invested  by  the  rules  with  the  author 
ity  for  the  preservation  of  the  order  and  decorum  of 
the  House,  appeals  to  members  not  to  indulge  in  man 
ifestations  of  approval  or  disapproval.  The  Chair  will 
state  to  the  spectators  in  the  gallery,  that  this  is  a  de 
liberative  assembly,  and  that  no  manifestation  of  ap 
plause  or  dissent  can  be  allowed.  Each  doorkeeper 
will  promptly  take  such  persons  from  the  galleries, 
for  the  order  of  the  House  must  be  maintained  at  all 
hazards." 

Being  charged  with  the  duty  of  presiding  over  the 
deliberations  of  the  House,  Mr.  Colfax  was  not  con 
nected  with  any  special  measure  of  the  session,  and  a 
brief  resume  of  the  acts  passed  may  be  interesting  to  the 


MEASUBES  OF  THE  38TH  CONGKESS.       157 

reader,  and  at  the  same  time  aid  in  making  this  nar 
rative  complete.  Acts  were  passed  making  more  effi 
cient  the  laws  for  the  enrollment  and  draft ;  the 
finances  were  placed  on  a  sounder  basis  ;  the  grade  of 
Lieutenant-General  was  revived  in  the  regular  army 
of  the  United  States,  for  the  purpose  of  rewarding  the 
gallant  and  glorious  services  of  General  Grant ;  a  uni 
form  system  of  ambulances  Was  established  in  the 
army;  acts  were  passed  to  enable  the  people  of  the 
Territories  of  Nevada,  Colorado,  and  Nebraska  to 
form  State  Governments  and  frame  Constitutions  ;  the 
homestead  law  was  amended  and  made  more  effectual ; 
the  coinage  of  cents  was  improved  ;  a  fair  system  of 
admeasurement  of  the  tonnage  of  ships  and  vessels  was 
established ;  the  postal  money  order  system  was  establish 
ed  ;  a  national  currency,  secured  by  United  States  bonds 
was  established;  instruction  was  provided  for  youths 
in  the  District  of  Columbia;  the  duties  on  imports 
were  increased;  rigorous  and  prompt  punishment  of 
guerrillas  was  authorized;  aid  was  given  to  the  con 
struction  of  a  telegraph  and  railroad  from  Lake  Supe 
rior  to  Puget  Sound,  on  the  Pacific;  additional  in 
ducements  were  offered  to  emigrants  from  foreign 
countries  ;  and  the  thanks  of  Congress  and  the  nation 
tendered  to  Generals  Grant,  Banks,  Burnside,  Hooker, 
Meade,  Howard,  Captain  Rodgers  of  the  Navy,  Cor 
nelius  Vanderbilt,  and  to  the  volunteers  who  had 
reenlisted. 

The  only  proceeding  of  importance  with  which  Mr. 
Colfax  was  identified  as  a  member  simply,  was  the 
following : 


158  LIFE   OF   SCHUYLER   COLFAX. 

On  the  8th  of  April,  1864,  the  House  being  in 
Committee  of  the  Whole  upon  the  consideration  of  the 
President's  Message,  Mr.  Long,  of  Ohio,  made  a  speech 
which  gave  great  offence  to  the  loyal  members  of 
the  House.  In  this  speech  he  astonished  the  House 
by  declaring  that  he  was  in  favor  of  recognizing  the  in 
dependence  of  the  Rebel  Confederacy.  This  declaration 
was  promptly  rebuked  at  the  time  of  its  delivery,  by 
General  Garfield,  of  Ohio,  and  was  the  subject  of 
great  indignation  on  the  part  of  Union  men  every 
where. 

The  next  day,  April  9th,  Mr.  Colfax,  calling  Mr. 
Rollins,  of  New  Hampshire,  to  the  Chair,  as  Speaker 
pro  tempore,  took  his  place  on  the  floor  of  the  House, 
arid  offered  the  following  resolution : 

"  Whereas,  on  the  8th  day  of  April,  1864,  when  the 
House  of  Representatives  was  in  Committee  of  the 
Whole  on  the  state  of  the  Union,  ALEXANDER  LONG,  a 
Representative  from  the  second  district  of  Ohio,  de 
clared  himself  in  favor  of  recognizing  the  independence 
and  nationality  of  the  so-called  confederacy  now  in 
arms  against  the  Union ;  and  whereas  the  said  so-called 
confederacy,  thus  sought  to  be  recognized  and  established 
on  the  ruins  of  a  dissolved  or  destroyed  Union,  has  as 
its  chief  officers,  civil  and  military,  those  who  have 
added  perjury  to  their  treason,  and  who  seek  to  obtain 
success  for  their  parricidal  efforts  by  the  killing  of  the 
loyal  soldiers  of  the  nation  who  are  seeking  to  save  it 
from  destruction ;  and  whereas  the  oath  required  of  all 
members,  and  taken  by  the  said  ALEXANDER  LONG  on 
the  first  .day  of  the  present  Congress,  declares  c  that  I 


MOVES  TO  EXPEL  MR.  LONG.          159 

have  voluntarily  given  no  aid,  countenance,  counsel,  or 
encouragement  to  persons  engaged  in  armed  hostility 
to  the  United  States,1  thereby  declaring  that  such  con 
duct  is  regarded  as  inconsistent  with  membership  in 
the  Congress  of  the  United  States  :  Therefore, 

"  Resolved,  That  ALEXANDER  LONG,  a  Represen 
tative  from  the  second  district  of  Ohio,  having,  on  the 
8th  of  April,  1864,  declared  himself  in  favor  of 
recognizing  the  independence  and  nationality  of  the  so- 
called  confederacy  now  in  arms  against  the  Union,  and 
thereby  *  given  aid,  countenance,  and  encouragement 
to  persons  engaged  in  armed  hostility  to  the  United 
States,1  is  hereby  expelled." 

Mr.  Colfax  then  spoke  as  follows  : 

"  Mr.  Speaker,  before  presenting  this  resolution  I 
reflected,  as  it  wfts  my  duty  to  do,  seriously  on  the 
obligations  under  which,  in  consequence  of  my  position, 
I  feel  I  am  placed.  I  recognize  that  there  is  a  double 
duty  incumbent  on  me ;  first  to  the  House  of  Repre 
sentatives  whose  kindness  has  placed  me  in  the  prin 
cipal  chair  to  adininister  the  duties  of  that  chair  and 
the  rules  of  the  House  faithfully  and  impartially  to 
the  best  of  my  ability  and  judgment.  That,  I  can  say 
sincerely  and  conscientiously,  I  have  endeavored  to 
do,  and  shall  so  endeavor  until  this  Congress  expires 
by  its  constitutional  limitation.  But  I  feel  that  I  owe 
still  another  duty  to  the  people  of  the  ninth  congres 
sional  district  of  Indiana,  who  sent  me  here  as  their 
Representative  to  speak  and  act  and  vote  in  their 
stead.  It  is  in  conformity  with  this  latter  duty  to 
those  who  cannot  speak  here  for  themselves  and  who, 


160  LIFE   OF  SCHUYLER   COLFAX. 

I  believe,  would  indorse  the  sentiment  of  this  resolu 
tion,  that  I  have  felt  it  my  duty  to  rise  in  my  place  as  a 
member  of  Congress  from  the  State  of  Indiana  and 
offer  this  resolution. 

"  I  need  scarcely  say  to  gentlemen  on  the  other 
side  of  the  House,  or  to  my  own  fellow-members  near 
me,  or  to  that  one  particularly  referred  to  in  this 
resolution,  that  it  is  prompted  by  no  spirit  of  personal 
unfriendliness  toward  him.  My  relations  with  him 
personally  have  been  cordial  during  the  entire  time 
that  we  occupied  seats  as  members.  Nothing  has 
marred  those  relations.  But  I  rise  to  offer  this  res 
olution  in  the  performance  of  a  high  public  duty 
which  I  felt  I  could  not  myself  shirk  or  evade.  It  is 
a  duty  I  owe,  not  only  to  those  of  my  constituents 
who  are  at  home,  but  to  the  many  thousands  of  them 
who  are  in  the  tented  fields  meeting  the  armies  of  the 
confederacy  in  deadly  conflict  and  exposing  their  lives 
for  the  safety  and  perpetuity  of  this  imperiled  Union. 
Nay,  more,  sir,  I  owe  it  to  the  many  widowed  and 
orphaned  families  in  my  district  whose  natural  pro 
tectors  h'ave  been  stricken  down  by  the  bloody,  hand 
of  treason,  and  lost  to  them  in  this  world  forever. 

"  I  believe  in  the  freedom  of  speech.  I  have  not 
heard  any  thing  on  this  floor  during  this  Congress 
that  would  have  prompted  me  to  offer  this  resolution 
except  the  remarks  made  yesterday  by  the  gentleman, 
from  Ohio,  [Mr.  Long.]  He  declared  distinctly,  in  so 
many  words,  that  he  was  in  favor  of  the  recognition 
of  this  so-called  confederacy,  and  recognition  is  the 
recognition  of  its  independence  and  its  nationality  as 


SPEECH   OF   MR.  COLFAX.  161 

one  among  the  nations  of  the  earth.  The  flag  of  this 
confederacy  was  thus  boldly  unfurled  here  by  a  gentle 
man  who  had  taken  the  oath  at  the  opening  of  Con 
gress — and  I  have  no  doubt  truthfully — that  up  to 
that  time  he  had  not  given  any  aid,  countenance,  or 
encouragement  to  those  who  are  engaged  in  armed  hos 
tility  against  the  United  States.  Believing  that  that 
oath  shows  that  those  who  do  thus  give  aid  and  coun 
tenance  and  encouragement  to  those  engaged  in  armed 
hostility  against  the  United  States  are  not  worthy  of 
membership  here  in  a  Congress  of  the  United  States, 
I  felt  it  my  duty  at  least  to  ask  the  House  of  Repre 
sentatives  to  pass  their  judgment  upon  it. 

"  I  have  offered  this  resolution  not  as  the  result  of 
a  consultation  with  any  persons  upon  the  floor  of  this 
House,  but  upon  my  sole  and  entire  responsibility; 
and  I  say  here  deliberately  and  solemnly  that  if  what 
fell  from  the  lips  of  the  gentleman  from  Ohio  [Mr. 
Long]  yesterday  is  to  pass  unrebuked  by  this  House, 
then  you  have  no  Bright  to  complain  of  any  foreign 
government  on  the  face  of  this  earth  that  recognizes 
the  independence  and  nationality  of  this  confederacy, 
which,  within  your  own  walls,  under  your  own  flag, 
by  one  associated  with  you  in  the  Government  of  this 
country,  was  publicly  avowed  as  his  preference  and  his 
conviction. 

"The  gentleman  from  Ohio,  [Mr.  Cox,]  the  col 
league  of  the  gentleman  [Mr.  Long]  named  in  this  res 
olution,  I  see  claiming  the  floor  opposite ;  and  I  have 
this  to  say  before  I  close  my  remarks,  which  shall  not 
extend  to  much  length,  that  if  any  gentleman  from  the 
11 


162  LIFE   OF   SCHUYLER   COLFAX. 

other  side  of  the  House  feels  it  would  be  more  proper 
for  any  of  them,  having  been  in  the  same  political  affil 
iation  with  the  gentleman  from  Ohio,  to  show  his  dis 
approbation  of  these  remarks  by  offering  a  resolution 
of  this  kind,  I  will  gladly  withdraw  mine  arid  allow 
them  to  offer  it.  History,  sir,  with  its  impartial  pen 
will  state  hereafter,  if  not  now,  that  it  would  be  more 
fitting  and  more  appropriate  they  should  have  done 
here  (but  what  none  have  seen  fit  to  do)  what  I  have 
thought  my  duty — offer  this  resolution. 

"  Now,  Sir,  if  by  the  quiet  and  tacit  assent  of  this 
House  as  a  House  of  Representatives  this  sentiment  is 
to  go  unquestioned  by  the  Representatives  of  the 
United  States  of  America  here  assembled,  then  I  say 
you  should  stop  shooting  your  deserters  from  the  Army, 
for  they  have  not  turned  their  backs  upon  the  obliga 
tion  which  they  have  assumed  any  more  influentially 
by  their  leaving  the  flag  which  they  had  bound  them 
selves  to  sustain  than  has  a  gentleman  who  will  rise  iri 
his  place  in  Congress  and  state  that  he  is  in  favor  of 
the  men  who  seek  the  destruction  of  this  land  and  the 
dissolution  of  the  Union  by  recognizing  them  as  one 
of  the  nations  of  the  earth.  Nay,  more.  You  should 
call  no  more  soldiers  into  the  field  to  endeavor  by  the 
peril  of  their  lives  to  save  this  country,  because  it  is  a 
solemn  mockery  to  do  if  from  this  Hall  shall  go  forth 
words  of  encouragement  to  strengthen  those  arrayed 
against  them  in  an  unholy  and  parricidal  work.  If 
we  allow  this  to  pass  here  unquestioned  and  unrebuked, 
how  can  we  deny  to  others  abroad  the  right  to  rec 
ognize  the  establishment  of  the  so-called  southern  con- 


SPEECH   OF   ME.  COLFAX.  163 

federacy  among  the  nations  of  the  earth  ?  Can  you 
propose  to  go  to  war  with  any  foreign  nation  who  may 
do  this  and  yet,  by  opposing  this  resolution,  justify  and 
indorse  the  open  avowal  of  a  similar  desire  in  this 
Hall? 

"  Mr.  Speaker,  we  have  seen,  since  this  rebellion 
opened,  the  other  branch  of  the  Federal  Congress,  at 
the  opposite  end  of  the  Capitol,  expelling  a  Senator 
from  my  own  State.  What  for  ?  For  sending  a  let 
ter  of  introduction  by  a  gentleman  to  the  rebel  chief 
who  presides  at  Richmond.  For  that  letter  of  intro 
duction,  thus  giving  aid  and  comfort  to  those  in  armed 
hostility  to  the  United  States,  the  Senate  of  the 
United  States  expelled  him  by  two-thirds  vote.  I  have 
nothing  to  say  in  regard  to  the  politics  of  my  own 
State,  but  I  have  this  to  say,  that  a  Legislature  sat 
afterwards  in  my  State  of  the  same  political  views 
with  the  expelled  Senator,  and  they  had  the  power  to 
elect  two  United  States  Senators,  one  for  the  long  term 
and  another  for  the  short  term.  A  majority  of  that  Le 
gislature,  Sir,  recorded  their  votes  of  approval  of  the 
action  of  the  Senate  by  refusing  to  send — although 
they  had  the  power — that  Senator  back  to  his  seat  in 
the  United  States  Senate. 

"  One  or  two  years  ago,  perhaps  less  than  one  year 
ago,  Ohio  was  excited  by  the  arrest  of  a  former  mem 
ber  of  Congress  for  declaring  in  strong  language  his 
hostility  to  military  order.  His  friend  went  before  the 
people  in  that  State  on  the  issue  of  the  injustice  done 
him,  and  by  a  majority  of  one  hundred  thousand  they 
declared  their  approbation  of  that  act  of  military  au- 


164  LIFE    OF   SCHUYLER   COLFAX. 

thority,  and  the  highest  court  of  judicature  in  our  land, 
the  Supreme  Court  of  the  United  States,  refused  the 
other  day  to  reopen  or  review  that  judgment. 

"  Mr.  Speaker,  I  have  but  a  word  more  to  say,  when 
I  will  leave  the  floor  to  the  gentleman  from  Ohio, 
[Mr.  Cox,]  who  seeks  it.  If  this  bold  and  frank 
avowal,  for  bold  and  frank  it  was,  by  a  member  of 
Congress  representing  a  free  district  in  a  loyal  State, 
if  this  is  to  go  unrebuked  by  this  House,  I  ask  you 
how  you  are  to  close  these  doors  against  those  who  are 
now  sitting  at  Richmond  in  the  confederate  congress, 
those  who  have  not  been  in  arms  against  the  United 
States  but  have  been'  sitting  in  that  congress  giving 
aid  and  comfort  to  the  arms  of  the  rebellion  against 
the  United  States  ?  Their  hands  are  stained  with  no 
blood,  perhaps ;  they  could  come  here  with  no  blood, 
as  soldiers,  upon  their  skirts ;  but  they  may  seek  to 
come  here,  if  this  is  to  be  the  law  of  this  Congress, 
fresh  from  the  conclave  of  this  confederate  congress, 
saying  to  us, '  We  have  done  no  more  at  Richmond  than 
has  been  done  upon  this  floor  by  the  member  from  the 
second  district  of  Ohio  in  your  presence,  unrebuked 
upon  the  floor  by  Congress.1 

"  But  it  is  because  of  its  effect  abroad  that  I  have 
offered  this  resolution.  If  there  is  any  danger  threaten 
ing  our  imperilled  Union  after  the  valor  of  our  soldiers 
has  caused  the  area  of  the  rebellion  to  become  4  small 
by  degrees  and  beautifully  less,'  it  is  the  recognition 
of  the  confederacy  by  foreign  nations.  On  a  motion 
of  the  gentleman  from  Maryland  [Mr.  Davis]  the  other 
day,  this  House  by  a  unanimous  vote,  in  which  I  be- 


SPEECH   OF   MB.  COLFAX.  165 

lieve  the  gentleman  from  the  second  district  of  Ohio 
participated,  declared  that  we  would  not  allow  any 
foreign  country  to  plant  a  nation  on  the  prostrate  ruins 
of  a  republic  anywhere  upon  the  American  continent ; 
and  yet,  Sir,  when  we  assent  by  our  silence  to  a  propo 
sition  to  recognize  this  confederacy,  we  not  only  assent 
to  the  planting  of  a  foreign  nation  upon  the  soil  of  this 
continent,  but  one  upon  the  soil  of  our  own  beloved 
Union.  Nay,  more  than  that,  when  he  has  seen,  when 
I  have  seen,  when  you  have  seen,  and  every  member 
upon  this  floor  has  seen  the  emissaries  of  this  rebel  con 
federacy  bowing  the  knee  to  every  sovereign  in  Eu 
rope,  asking  an  alliance  with  them,  and  saying  in  their 
confederate  congress  that  they  would  prefer  allegiance 
to  a  foreign  prince  than  to  remain  part  and  parcel  of 
this  Union,  do  not  we  know  that  when  their  indepen 
dence  is  acknowledged  and  recognized  there  will  be  an 
alliance,  in  their  weakness,  to  make  them  stronger, 
with  any  foreign  nation,  power,  or  potentate  that  sees 
fit  to  enter  into  treaties  with  them,  and  then  upon  that 
soil,  once  belonging  to  the  United  States,  foreign  ar 
mies  will 'be  landed  and  their  forces  joined  to  that  of 
those  traitors  to  invade  our  own  country  and  destroy 
our  armies  and  even  the  liberties  of  our  people  ?  You 
have  no  right  to  pass  resolutions  like  that  offered  by 
the  gentleman  from  Maryland,  warning  foreign  nations, 
if  upon  your  own  floor  and  by  your  deliberate  assent 
and  vote  you  declare  and  avow  the  sentiments  uttered 
here  yesterday  by  refusing  to  rebuke  and  condemn 
them.  I  have  now  performed  my  duty,  and  leave  the 
rest  to  the  House." 


166  LIFE   OF   SCHUYLER   COLFAX. 

Mr.  Colfax  was  replied  to  by  Mr.  Cox,  of  Ohio, 
who  maintained  that  Mr.  Long  ought  not  to  be  expel 
led  for  his  remarks,  and  that  the  words  of  the  speech 
could  not  be  fairly  made  to  bear  the  meaning  which 
Mr.  Colfax's  resolution  gave  to  them.*  Mr.  Cox  hav 
ing  arraigned  Mr.  Colfax  personally  in  the  course  of 
his  remarks,  the  following  sharp  colloquy  ensued : 

"  Mr.  Colfax. — Will  the  gentleman  from  Ohio  yield 
to  me  ? 

"  Mr.  Cox. — With  the  greatest  pleasure. 

u  Mr.  Colfax. — In  reply  to  the  remarks  of  the  gen 
tleman  from  Ohio,  I  have  to  repeat  that  the  gentleman 
from  Indiana  upon  this  side  of  the  House  does  not 
speak  in  the  midst  of  another  gentleman's  speech  by 
his  courtesy,  liable  to  be  stopped  by  him  as  the  gentle 
man  stopped  his  colleague  recently.  He  speaks  when 
he  obtains  the  floor,  and  has  no  secret  about  his  opin 
ions  in  regard  to  any  subject. 

"  Mr.  Cox. — Oh !  Mr.  Speaker,  when  the  leading 
man  of  this  House  comes  down  from  his  high  position 
to  offer  a  resolution  to  expel  a  member  who  comes 
here  by  the  same  right  that  he  does,  he  cannot  escape 
on  account  of  his  peculiar  dignity.  When  he  descends 
to  this  floor,  the  common  platform  of  us  all,  and  con 
descends  to  mingle  with  us  in  debate,  he  cannot  and 

*  It  is  but  fair  to  Mr.  Long,  to  give  the  following  extract  from  his 
speech,  which  is  the  most  painted,  though  Mr.  Coltax  declared  that  his 
resolution  was  based  upon  the  whole  speech.  Mr.  Long  said  : 

"  I  now  believe  there  are  but  two  alternatives,  and  they  are  either 
the  acknowledgment  of  the  independence  of  the  South  as  an  independent 
nation,  or  their  complete  subjugation  and  extermination  as  a  people;  aud 
of  these  alternatives  I  prefer  the  former." 


A   SHAEP    COLLOQUY.  167 

shall  not  escape.  Is  he  or  is  he  not  in  favor  of  the 
doctrine  laid  down  by  the  President  in  the  extracts 
which  have  been  read  ?  That  is  a  very  simple  ques 
tion.  You  will  lose  no  dignity,  sir,  by  answering 
it  now.  [Laughter.]  We  will  look  upon  you  with 
pride  and  pleasure  as  the  Speaker  of  this  House-,  if  you 
will  condescend  to  delight  us  by  evincing  your  opinion 
upon  that  subject.  I  pledge  myself  that  you  shall  not 
be  interrupted. 

"  Mr.  Colfax. — In  reply  only  to  the  personal  re 
marks  of  the  gentleman  from  Ohio,  I  say  this  to  him : 
that  when  I  appear  upon  this  floor  I  do  not  condescend 
from  that  chair.  The  position  of  a  member  upon  this 
floor  is  as  exalted  and  responsible  as  the  position  of 
him  who  sits  in  that  chair  to  administer  your  rules. 
The  gentleman  brings  a  reproach  upon  himself  and 
upon  his  fellow-members  upon  this  floor,  when  he 
sneers  at  me  and  speaks  of  me,  when  I  appear  upon 
this  floor  as  the  representative  of  my  constituents,  per 
forming  my  duty,  as  condescending.  The  highest  posi 
tion  a  man  can  hold  in  this  House  is  that  of  a  repre 
sentative  of  one  hundred  and  fifty  thousand  people,  sent 
here  by  their  willing  votes,  and  not  by  a  mere  majority 
of  votes  elected  here  as  the  presiding  officer  of  this 
body. 

"Mr.  Cox. — Mr.  Speaker,  I  did  not  make  any  per 
sonal  remarks  in  regard  to  my  distinguished  friend. 
Far  be  it  from  me  to  throw  any  stain  upon  him  for  his 
condescension.  I  admire  him  too  much  for  his  fairness 
and  justice  in  presiding  over  our  deliberations  to  re 
proach  him.  Never  has  he  heard  a  word  of  that  kind 


168  LIFE    OF   SCHUYLER   COLFAX. 

from  me.  But  when  he  comes  down  from  his  exalta 
tion  to  this  floor,  and  undertakes  to  engineer  a  resolu 
tion  through  this  House  for  the  expulsion  of  a  brother 
member,  he  must  take  the  consequences  of  the  debate 
which  he  inaugurates. 

"  Mr.  Colfax. — I  am  willing  to  do  so,  perfectly 
willing." 

Mr.  Colfax  was  influenced  in  his  course  by  no  hos 
tility  to  Mr.  Long.  During  the  debate,  he  said : 

"  While  up,  I  will  say  also  in  this  connection,  that 
when  I  shall  rise  to  close  the  debate  and  move  the  pre 
vious  question,  while  the  rules  would  give  me  the  right 
to  make  the  closing  speech,  I  do  not  desire  to  avail 
myself  of  that  privilege.  I  desire  that  the  gentleman 
from  Ohio  [Mr.  Long]  shall  have  the  privilege  ac 
corded  to  him  of  closing  the  debate  after  I  have  sub 
mitted  the  remarks  I  may  have  to  make.  I  wish  to  do 
him  full  justice,  and  I  shall  ask  the  House  to  accord 
to  him  that  courtesy,  with  this  reservation,  that  should 
the  gentleman,  in  the  course  of  his  observations,  depart 
from  the  merits  of  the  controversy  and  indulge  in  re 
marks  personal  to  myself,  I  shall  ask  the  privilege  of 
reply.'1 

The  debate  was  continued  until  the  14th  of  April, 
and  was  conducted  with  great  ability,  by  both  those 
who  favored  and  those  who  opposed  Mr.  Colfax1  s  reso 
lution.  On  that  day,  Mr.  Colfax  called  the  previous 
question  on  his  resolution,  and  supported  it  in  a  speech 
of  great  power.  When  the  vote  was  taken,  his  resolu 
tion  was  lost,  and  the  following  adopted  in  its  stead  : 

"  JSesolved,  That  said  Alexander  Long,  a  Kepre- 


ADJOURNMENT  OF  CONGRESS.          169 

sentative  from  the  second  district  of  Ohio,  be  and  is 
hereby  declared  to  be  an  unworthy  member  of  the 
House  of  Representatives." 

So  the  matter  ended  in  this  severe  censure  of  Mr. 
Long.* 

The  session  was  closed  on  the  4th  of  July,  1864,  by 
the.  report  of  the  Committee  appointed  to  wait  on  the 
President,  that  he  had  no  further  communication  to 
make  to  the  House,  except  to  send  a  "  God  bless  you" 
to  each  of  the  members.  The  hour  of  half  past  twelve 
o'clock,  p.  M.,  having  arrived,  Mr.  Colfax  dismissed 
the  House  with  the  following  remarks  : 

"  Gentlemen  of  the  House  of  Representatives,  the 
hour  of  adjournment  has  arrived,  and  I  wish  you,  one 
and  all,  a  happy  reunion  with  family  and  friends  in  the 
charmed  circle  of  home.  Thanking  you  for  the  kind 
and  generous  manner  in  which  you  have  sustained  me 
in  the  administration  of  the  difficult  and  responsible 
duties  of  this  chair,  and  hoping  and  trusting,  when  we 
reassemble  in  these  Halls  next  December,  Providence 
may  have  so  crowned  the  endeavors  of  our  heroic  de 
fenders  in  the  field,  that  we  may  be  permitted  to  re 
joice,  over  the  full  realization  of  the  prayer  of  so  many 
millions  of  your  constituents,  c  God  save  the  American 
Republic,1  I  do  now,  in  accordance  with  the  concur 
rent  resolution  of  both  Houses,  declare  the  first  session 
of  the  House  of  Representatives  of  the  Thirty-Eighth 
Congress  of  the  United  States  adjourned  sine  die." 

*In  justice  to  all  parties,  the  entire  close  of  the  debate,  as  well  as 
Mr.  Colfax's  speech,  is  given  at  the  end  of  the  volume.  See  Appendix, 
VIII. 


170  LIFE    OF   SCHUYLEB   COLFAX. 

During  the  fall,  the  Presidential  election  occurred, 
in  which  Mr.  Lincoln  was  again  the  nominee  of  the 
Republican  party.  Mr.  Colfax  gave  his  hearty  sup 
port  to  the  cause,  and  had  the  satisfaction  of  seeing  his 
State  carried  by  the  Republican  party  by  twenty  thou 
sand  majority.  At  the  same  time,  he  was  elected  to 
the  Thirty -Ninth  Congress  by  1,680  majority. 

He  presided  over  the  second  session  of .  the  Thirty- 
Eighth  Congress,  which  met  in  December,  1864,  con 
ducting  its  deliberations  with  a  grace  and  dignity  which 
extorted  the  admiration  of  both  his  own  party  and  the 
Opposition.  That  this  is  not  mere  flattery,  on  our 
part,  will  be  seen  from  the  following  resolution  and 
remarks  from  Mr.  Cox,  one  of  the  leaders  of  the  Dem 
ocratic  party  in  the  House,  on  the  3d  of  March,  1865, 
the  last  day  of  the  session : 

"  Mr.  Cox. — I  offer  the  following  resolution. 

"  The  Clerk  read  the  resolution,  as  follows  : 

"  '  jKesolved,  That  the  thanks  of  this  House  be,  and 
they  are  hereby,  tendered  to  Hon.  Schuyler  Colfax  for 
the  dignified,  able,  and  courteous  discharge  of  the  du 
ties  of  Speaker  during  the  present  Congress.' 

"  Mr.  Cox. — Mr.  Speaker  (Mr.  Dawes  being  in  the 
chair  as  Speaker  pro  tempore),  in  this  unexampled  and 
historic  time,  when  our  country  is  excited  by  the  con 
flict  which  has  called  us  to  extraordinary  legislation, 
when  the  passions  and  throes  of  a  great  nation  have 
found  more  or  less  of  their  reflection  in  this  Hall,  it 
has  been  a  difficult  duty  which  has  been  discharged  by 
the  Speaker.  To  moderate  these  passions,  restrain  the 
urgency,  clamor,  and  heat  of  debate,  and  to  give  dig- 


THANKS    TO   THE    SPEAKER.  171 

mty  and  independence  to  this  popular,  I  may  say  al 
most  tumultuous,  assembly,  has  been  devolved  upon 
the  distinguished  gentleman  from  Indiana.  He  has, 
by  his  courtesy,  kindness,  and  fairness,  won  our  per 
sonal  esteem  and  the  public  regard.  I  propose,  with 
out  formality  and  with  earnestness,  to  tender  him  our 
thanks  arid  good  will.  I  trust,  Sir,  that  in  the  future 
the  same  moderation  and  benignity  may  radiate  in  this 
House  which  has  radiated  from  the  Chair  during  the 
present  Congress.  We  shall  part  here  with  unusual 
good  feeling.  I  wish  this  feeling  could  pervade  our 
whole  people.  In  the  language  of  the  Bible,  and  in 
this  presence,  I  would  ail-reverently  pray  that  '  all  bit 
terness,  and  wrath,  and  anger,  and  clamor,  and  evil- 
speaking  be  put  away  from  you,  with  all  malice,1  and 
that  we  should  c  be  kind  one  to  another,  tender-hearted, 
forgiving  one  another,  even  as  God  for  Christ's  sake 
hath  forgiven  you.' 

"  Mr.  Dawson. — I  ask  the  gentleman  from  Ohio  to 
yield  to  me  for  a  moment. 

"  Mr.  Cox. — With  pleasure. 

"Mr.  Dawson. — Mr.  Speaker,  the  labors  of  this 
Congress  are  nearly  concluded,  and  we  are  about  to 
leave  these  Halls.  Before  separating  to  return  to  our 
homes,  I  agree  with  my  friend  from  Ohio  that  it  is 
eminently  proper  to  render  to  the  Speaker  some  ac 
knowledgment  for  his  habitual  kindness  and  courtesy 
as  the  presiding  officer  of  this  House.  At  no  time 
so  critical  in  the  history  of  the  country  have  the  Rep 
resentatives  of  the  people  been  assembled  to  legislate 
on  our  national  concerns.  Coming  together  in  the 


172  LIFE    OF   SCHUYLER   COLFAX. 

midst  of  a  civil  war,  sanguinary  and  exasperated  be 
yond  parallel,  it  was  hardly  to  be  expected  that  the 
presiding  officer  of  this  House,  however  well  poised 
his  mental  and  moral  constitution,  could  be  entirely 
free  from  personal  bias  in  his  official  action. 

"  I  believe,  Sir,  I  but  express  a  general  sentiment 
when  I  say  that  the  House  and  the  Speaker  have  well 
maintained  the  proprieties  of  the  place.  This  has  not 
been  a  bitter  Congress.  The  intercourse  of  members 
upon  this  floor  has  been  kindly  and  genial ;  and  the 
Speaker,  in  his  official  action  toward  political  friends 
and  foes,  has  uniformly  observed  the  same  high  urban 
ity,  frankness,  and  liberality.  When  the  Representa 
tives  of  the  people  can  meet  and  discuss  their  differen 
ces  in  a  spirit  of  self-abnegation,  and  with  moderation 
and  candor,  it  assuredly  affords  much  matter  of  mutual 
congratulation.  In  a  body  such  as  this,  representa 
tives  of  many  shades  of  clashing  opinions,  unanimity 
would  in  vain  be  looked  for ;  and  on  some  points  we 
have  honestly  and  widely  differed  touching  the  preser 
vation  of  our  common  country  and  its  free  institutions. 
It  is  much,  however,  if  in  our  differences  we  can  lay 
aside  our  asperities,  and  sacrifice  all  personal  feelings 
in  the  effort  to  maintain  individual  and  party  sentiments. 

"  I  trust,  Sir,  that,  in  returning  to  our  constituen 
cies,  once  more  to  commingle  with  and  form  a  part  of 
the  people,  we  will  carry  with  us  the  same  kindly  feel 
ings,  and  lose  no  occasion  by  example  and  precept  to 
inculcate  that  charity  and  forbearance,  that  moderation 
and  candor,  which  we  have  seen  exhibited  here  with 
such  favorable  results. 


ADJOURNMENT  OF  THE  38 TH  CONGRESS.     173 

"  "Would,  Sir,  that  we  could  also  indulge  the  hope 
that,  ere  another  Congress  shall  assemble  within  these 
Halls,  the  noise  of  the  battle  shall  have  ceased,  and  the 
messenger  of  peace  revisited  our  stricken  country,  to 
exert  again  its  benign  influences,  under  which  infancy 
and  age  may  rest  under  the  shelter  of  home,  and  vig 
orous  manhood  may  resume  those  pursuits  which  en 
noble  humanity  and  scatter  blessings  over  the  land. 

"  I  believe  I  can  say  that  the  Speaker  will  bear 
into  his  retirement  the  friendly  regards  of  his  asso 
ciates,  and  their  hearty  wishes  for  his  personal  welfare 
and  happiness. 

"  Mr.  Cox. — I  call  for  the  previous  question. 

"  The  previous  question  was  seconded,  and  the  main 
question  ordered  ;  and  under  the  operation  thereof  the 
resolution  was  adopted." 

Twelve  o'clock,  noon,  on  the  same  day,  having  ar 
rived,  Speaker  Colfax  announced  to  the  members  that 
the  hour  for  closing  the  session  had  struck,  and  took 
leave  of  them  in  the  following  eloquent  address : 

"  Gentlemen  of  the  House  of  Representatives,  the 
parting  hour  has  come  ;  and  yonder  clock,  which  '  takes 
no  note  of  time  but  from  its  loss,'  will  soon  announce 
that  the  Congress  of  which  we  are  members  has  passed 
into  history.  Honored  by  your  votes  with  this  respon 
sible  position,  I  have  faithfully  striven  to  perform  its 
always  complex  and  often  perplexing  duties  without 
partisan  bias,  and  with  the  sincerest  impartiality. 
Whether  I  have  realized  the  true  ideal  of  a  just  presid 
ing  officer,  aiding,  on  the  one  hand,  the  advance  of  the 
public  business,  with  the  responsibility  of  which  the 


174  LIFE   OF   SCHUYLER   COLFAX. 

majority  is  charged,  and,  on  the  other  hand,  allowing 
no  trespass  on  the  parliamentary  rights  of  the  minor 
ity,  must  be  left  for  others  to  decide.  But,  looking 
back  now  over  .the  entire  Congress,  I  cannot  remember 
a  single  word  addressed  to  you  which  4  dying  I  would 
wish  to  blot' 

uOn  this  day,  which  by  spontaneous  consent  is 
being  observed  wherever  our  flag  floats  as  a  day  of  na 
tional  rejoicing,  with  the  roar  of  cannon  greeting  the 
rising  sun  on  the  rock-bound  coast  of  Maine,  echoed 
and  reechoed  by  answering  volleys  from  city  to  city, 
and  from  mountain  peak  to  mountain  peak,  till  from 
the  Golden  Gate  it  dies  away  far  out  on  the  calm  Pa 
cific,  we  mingle  our  congratulations  with  those  of  the 
freemen  we  represent  over  the  victories  for  the  Union 
that  have  made  the  winter  just  closing  so  warm  with 
joy  and  hope.  With  them  we  rejoice  that  the  national 
standard,  which  our  Revolutionary  fathers  unfurled  over 
the  land,  but  which  rebellion  sought  to  strike  down  and 
destroy,  waves  as  undisputed  at  this  glad  hour  over 
the  cradle  of  secession  at  Charleston  as  over  the  cradle 
of  liberty  at  Faneuil  Hall,  and  that  the  whole  firma 
ment  is  aflame  with  the  brilliant  glow  of  triumphs  for 
that  cause  so  dear  to  every  patriot  heart.  We  have 
but  recently  commemorated  the  birthday  of  the  Father 
of  his  Country,  and  renewed  our  pledge  to  each  other 
that  the  nation  he  founded  should  not  be  sundered  by 
the  sword  of  treason.  And  the  good  news  that  assures 
the  salvation  of  the  Republic  is  doubly  joyous,  because 
it  tells  us  that  the  prayers  of  the  past  four  years  have 
not  been  unanswered,  and  that  the  priceless  blood  of 


PARTING   SPEECH   OF   MR.  COLFAX.  175 

our  brave  defenders,  so  freely  offered  and  so  profusely 
spilt,  Las  not  been  shed  in  vain.  We  turn,  too,  to-day, 
with  a  prouder  joy  than  ever  before  to  that  banner, 
brilliant  with  stars  from  the  heavens  and  radiant  with 
glories  from  the  earth,  which  from  Bunker  Hill  to 
Yorktown,  from  Lundy's  Lane  to  New  Orleans,  and 
from  the  darker  hours  of  the  rebellion  in  the  past,  to 
Savannah,  and  Fort  Sumter,  and  Charleston,  and  Co 
lumbia,  and  Fort  Fisher,  and  Wilmington  in  the  pres 
ent,  has  ever  symbolized  our  unity  and  our  national 
life,  as  we  see  inscribed  on  it  ineffaceably  that  now 
doubly  noble  inscription,  '  Liberty  and  Union,  now  and 
forever,  one  and  inseparable.' 

"  But,  in  this  hour  of  gladness  I  cannot  forget  the 
obligations,  paramount  and  undying,  we  owe  to  our 
heroic  defenders  on  every  battle-field  upon  the  land, 
and  every  wave-rocked  monitor  and  frigate  upon  the 
sea.  Inspired  by  the  sublimest  spirit  of  self-sacrifice 
they  have  realized  a  million-fold  the  historic  fable  of 
Curtius,  as%  they  have  offered  to  close  up,  with  their  own 
bodies,  if  need  be,  the  yawning  chasm  that  imperilled 
the  Republic,  For  you  and  me,  and  for  their  country, 
they  have  turned  their  backs  on  the  delights  of  home 
and  severed  the  tenderest  of  ties  to  brave  death  in  a 
thousand  forms ;  to  confront  with  unblanched  cheek 
the  tempest  of  shot,  and  shell,  and  flame ;  to  storm 
frowning  batteries  and  bristling  intrenchments ;  to 
suffer,  and  to  die.  As  we  look  from  this  Capitol  Hill 
over  the  nation  there  are  crushed  and  broken  hearts  in 
every  hamlet ;  there  are  wounded  soldiers,  mangled 
with  rebel  bullets,  in  every  hospital ;  there  are  patriot 


176  LIFE   OF   SCHUYLER   COLFAX. 

graves  in  every  church-yard  ;  there  are  bleaching  bones 
on  every  battle-field.  It  is  the  lofty  and  unfaltering  hero 
ism  of  the  honored  living,  and  the  even  more  honor 
ed  dead,  that  has  taken  us  from  every  valley  of  disaster 
and  defeat  and  placed  our  feet  on  the  sun-crowned 
heights  of  victory.  The  granite  shaft  may  commemo 
rate  their  deeds.  Our  American  Valhalla  may  be 
crowded  with  the  statues  of  our  heroes.  But  our  debt 
of  gratitude  to  them  can  never  be  paid  while  time  shall 
last  and  the  history  of  a  rescued  nation  shall  endure. 

"  If  my  voice,  from  this  Representative  Hall,  could 
be  heard  throughout  the  land,  I  would  adjure  all  who 
love  the  Republic  to  preserve  this  obligation  ever  fresh 
in  grateful  hearts.  The  dead,  who  have  fallen  in  these 
struggles  to  prevent  an  alien  flag  from  waving  over  the 
ashes  of  Washington,  or  over  the  graves  where  sleep 
the  great  and  patriotic  rivals  of  the  last  generation,  the 
hero  of  New  Orleans  and  the  illustrious  commoner  of 
Kentucky,  cannot  return  to  us.  On  Shiloh's  plain  and 
Carolina's  sandy  shores,  before  Richmond,  and  above 
the  clouds  at  Lookout  Mountain,  the  patriot  martyrs 
of  constitutional  liberty  sleep  in  their  bloody  shrouds  till 
the  morning  of  resurrection.  But  the  living  are  left 
behind.  And  if  the  Sacred  Record  appropriately  com 
mends  the  poor,  who  are  ever  with  us,  to  our  benefac 
tions  and  regard,  may  I  not  remind  you  that  the  widow 
and  fatherless,  the  maimed  and  the  wounded,  the  dis 
eased  and  the  suffering,  whose  anguish  springs  from 
this  great  contest,  have  claims  on  all  of  us,  heightened 
immeasurably  by  the  sacred  cause  for  which  they  have 
given  so  much  ?  Thus,  and  thus  alone,  by  pouring  the 


THE    SPEAKERS   FAREWELL.  177 

oil  of  consolation  into  the  wounds  that  wicked  treason 
has  made,  can  we  prove  our  devotion  to  our  fatherland 
and  our  affectionate  gratitude  toward  its  defenders. 

"  And,  rejoicing  over  the  bow  of  promise  we  al 
ready  see  arching  the  storm-cloud  of  war,  giving  assu 
rance  that  no  deluge  of  secession  shall  again  overwhelm 
our  nation,  we  can  join,  with  heart  and  soul,  sincerely 
and  trustingly,  in  the  poet's  prayer : 

'  Now,  Father,  lay  thy  healing  hand 
In  mercy  on  our  stricken  land ; 
Lead  all  its  wanderers  to  the  fold, 
And  be  their  Shepherd,  as  of  old. 

*  So  shall  our  nation's  song  ascend 
To  thee,  our  Ruler,  Father,  Friend  ; 
While  heaven's  wide  arch  resounds  again 
With  "Peace  on  earth,  good  will  to  men.'  " 

"  We  go  hence,  with  our  official  labors  ended,  to  the 
Senate  Chamber  and  the  portico  of  the  Capitol,  there, 
with  the  statue  of  the  goddess  of  Liberty  looking  down 
for  the  first  time  from  her  lofty  pedestal  on  such  a 
scene,  to  witness  and  participate  in  the  inauguration  of 
the  Elect  of  the  American  people. 

"  And  now,  thanking  you  most  truly  for  the  ap 
probation  of  my  official  conduct  which  you  have  re 
corded  on  your  Journals,  I  declare  the  House  of  Rep 
resentatives  of  the  Thirty-Eighth  Congress  of  the 
United  States  adjourned  sine  die" 


12 


CHAPTEE  VIII. 

Close  of  the  "War — Mr.  Colfax  prepares  for  his  "Overland  Journey" — 
Parting  with  President  Lincoln— Murder  of  the  President — The  re 
moval  of  Mr.  Lincoln's  Remains  to  Illinois — Mr.  Colfax  pronounces  a 
Eulogy  at  Chicago,  upon  the  "  Life  and  Principles  of  Abraham  Lin 
coln  " — His  Motives  in  undertaking  the  Journey  to  the  Pacific — The 
Rendezvous  at  Atchison,  Kansas — Mr.  Colfax's  Companions — The 
Journey  begun — The  Ride  across  the  Prairie — Arrival  at  Fort  Kearney 
The  Plains — Emigrant  Trains-VThe  Route — Communication  with  the 
East — Mr.  Colfax  meets  old  Friends — Breakfast  at  Julesburg — Recep 
tion  at  Denver — Speech  of  Mr.  Colfax — Mr.  Lincoln's  Message  to 
the  Miners — Visits  to  the  Mines — The  1st  of  June  in  Denver — 
Grand  Banquet — En  route  again — The  Ride  over  the  Mountains — In 
dian  Depredations — The  Church  Butte — View  from  the  Hills — Camp 
Douglas — Arrival  and  Reception  at  Salt  Lake  City — Speech  of  Mr. 
Colfax —Honors  to  the  Speaker — Visit  of  Brigham  Young  to  Mr.  Col 
fax— Matters  at  Salt  Lake  City— The  Theatre— The  Tabernacle- 
Second  Interview  with  Brigham  Young — The  Wells,  Fargo  &  Co. 
Stages — Departure  from  Salt  Lake  City — Arrival  at  Virginia  City — 
Reception — Speech  of  Mr.  Colfax — The  Ride  over  the  Sierras — Lnke 
Tahoe — A  model  Stage  Road — The  Railroad  to  Sacramento — The 
Steamboat— Arrival  at  San  Francisco. 

CONGRESS  adjourned,  as  we  have  said,  on  the  4th 
of  March.  A  month  later  the  genius  of  Grant  and 
the  valor  of  our  armies  had  brought  the  Rebellion 
to  the  dust,  and  won  back  the  long  defiant  strong 
holds  of  Richmond  and  Petersburg  to  the  author 
ity  of  the  Union,  and  the  great  struggle  was  rapidly 
closing.  By  the  tenth  of  April  it  was  certain  that  the 
oft-repeated  prediction  of"  peace  in  ninety  days"  would 
be  fulfilled  in  a  third  of  that  time,  and  rejoicings  were 
loud  in  all  parts  of  the  land. 


PARTING   WITH   THE   PRESIDENT.  179 

Mr.  Colfax  remained  in  Washington  until  the  middle 
of  April,  to  arrange  certain  matters  relating  to  a  journey 
through  the  States  and  Territories  of  the  West,  which 
he  had  determined  to  make  during  the  recess  of  Con 
gress.  On  the  14th  of  April,  he  called  on  President 
Lincoln  to  bid  him  farewell,  and  to  receive  from  him 
such  messages  as  he  desired  to  send  to  the  people  of 
the  Great  West.  The  interview  was  long  and  cordial. 
It  was  the  pleasantest  and  most  cheerful  Mr.  Colfax 
had  enjoyed  with  the  President  for  a  long  time,  for 
Mr.  Lincoln,  satisfied  that  the  Union  was  finally  3aved, 
and  full  of  the  most  generous  intentions  towards  the 
people  of  the  South,  was  free  from  the  load  of  care  and 
anxiety  which  had  seemed  to  weigh  him  down  during 
the. war.  He  bade  his  friend  farewell  with  a  happier 
heart  than  he  had  borne  for  years — a  happiness  which 
was  but  the  foretaste  of  that  brighter  and  more  glo 
rious  joy  upon  which  he  was  to  enter  so  soon. 

Still  unwilling  to  depart  without  another  farewell, 
Mr.  Colfax  called  on  the  President  again  that  evening, 
and  left  him  only  half  an  hour  before  he  started  on  that 
fatal  visit  to  Ford's  Theatre.  The  President  urged  him 
to  accompany  the  party  to  the  theatre,  but  he  declin 
ed  to  do  so,  as  he  expected  to  leave  Washington  early 
the  next  morning,  and  had  still  some  business  to  attend 
to  during  the  night.  The  President  was  in  the  highest 
spirits.  As  he  parted  from  Mr.  Colfax  at  the  door  of 
the  White  House,  he  turned  to  him,  and,  as  if  by  a  sud 
den  inspiration,  said  :  "  Don't  forget,  Colfax,  to  tell 
those  miners  that  that  is  my  speech  to  them* —  a 

*  The  reader  will  find  Mr.  Lincoln's  messnge  to  the  miners  in  Mr. 
Colfax 's  speech  at  Denver  City,  Colorado,  farther  on  in  this  chapter. 


180  LIFE   OF   SCHUYLER   COLFAX. 

pleasant  journey  to  you.  I  will  telegraph  you  at  San 
Francisco — good  bye."  And  so  the  two  tried  friends 
parted — neither  dreaming  that  the  farewell  was  eter 
nal.  That  night  the  President  was  murdered. 

"A  felon  hand,  between  the  goal  and  him, 

Beached  from  behind  his  back,  a  trigger  pressed — 
And  those  perplexed  and  patient  eyes  were  dim, 
Those  gaunt,  long  laboring  limbs  were  laid  to  rest ! 

tc  The  words  of  mercy  were  upon  his  lips, 

Forgiveness  in  his  heart  and  on  his  pen, 
"When  this  vile  murderer  brought  swift  eclipse 
To  thoughts  of  peace  on  earth,  good  will  to  men. 

"The  old  world  and  the  new,  from  sea  to  sea, 
Utter  one  voice  of  sympathy  and  shame ! 
Sore  heart,  so  stopped  when  it  at  last  beat  high! 
Sad  life,  cut  short  just  as  its  triumph  came !  " 

The  news  of  the  assassination  of  the  President 
spread  rapidly  through  the  city,  and  summoned  'Mr. 
Colfax  from  the  preparations  for  his  journey  to  the 
death-bed  of  his  martyred  friend.  It  was  a  sad  group 
that  gathered  about  the  dying  hero  in  the  cause  of 
right  that  night.  The  greatest  arid  most  illustrious  of 
the  land  were  there,  those  who  knew  and  loved  him 
best,  and  while  the  news  of  the  terrible  tragedy  was 
flashing  through  all  parts  of  the  land  on  lightning 
wings,  the  great,  grand  soul  went  up  calmly  and 
peacefully  to  its  reward. 

The  remains  of  the  President  were  carried  from 

Washington,  through  the  principal  cities  of  the  Union, 

to  Springfield,  Illinois,  his  former  home,  and  during 

this  sad  journey  "a  scene  was  witnessed  such  as  had 

.  never  before  taken  place  in  human  history.     The  whole 


THE  FUNERAL  JOUKNEY.  181 

nation  mourned,  with  a  depth  and  intensity  of  grief 
unparalleled  in  all  the  records  of  the  past,  the  loss  of 
its  chosen  head,  its  father  and  its  friend. 

"Amid  the  stirring  April  days,  while  springing 
grass  and  greening  boughs  proclaimed  that  summer 
drew  nigh,  the  procession  left  the  capital,  which  never 
before  had  been  so  shaken  with  pain,  and  grief,  and 
righteous  rage.  They  took  the  same  route  which  he 
had  traversed  when  coming  in  life  to  his  high  place, 
and  bore  him  forever  from  the  scene  of  his  eventful 
sway.  And  as  they  went,  the  great  capitals  of  the 
land  welcomed,  with  such  demonstrations  of  honor  as 
no  preceding  experience  had  witnessed,  the  shrunken, 
discolored,  and  pulseless  frame.  The  city  through 
which  he  passed  before  in  a  sheltering  privacy,  now 
crowded  tremulous,  in  tearful  affection,  around  his 
bier.  The  great  metropolis,  whose  mob  then  hated 
him,  the  leaders  of  whose  fashion  -  turned  from  him 
with  contempt,  and  whose  authorities  sought  to  insult 
him,  now  poured  from  every  street  and  lane  to  witness 
the  sad  procession  of  his  mourners.  Its  whole  business 
was  suspended;  its  houses  were  hung  from  base  to 
roof  with  funeral  pomp ;  its  pavements  were  thronged 
with  silent,  patient,  unmoving  crowds ;  its  windows 
gleamed  with  pallid  faces,  as  through  the  hushed,  ex 
pectant  avenues  wound,  hour  by  hour,  while  bells  were 
tolling,  and  minute-guns,  with  measured  boom,  were 
counting  the  instants,  that  Vast,  uncounted,  unparal 
leled  procession.  Not  capitals  only,  but  States  them 
selves,  became  his  mourners.  Churches  put  off  their 
Easter  emblems  to  hide  pillar  and  wall  and  arch  in 


182  LIFE   OF   SCHUYLER   COLFAX. 

sable  }voe.  Each  railway  was  made  a  via  Dolor osa. 
The  spontaneous  homage  of  millions  was  offered 
through  the  uncovered  head,  the  crape,  the  wreath, 
through  all  the  sombre  insignia  of  grief,  as  the  train. 

O  O  O  I  i 

with  its  precious  burden,  sped  on.  The  country 
shrouded  its  wreeping  face,  and  all  the  blooms  of  spring 
around  could  bring  no  flush  to  its  changed  counte 
nance  ;  the  song  and  sparkle,  and  the  fresh, impulse,  of 
which  the  very  air  was  full,  could  stir  no  pulse  of  glad 
ness  or  of  hope  while  still,  that  spectacle  haunted  its 
gaze.  For  over  every  loyal  heart  there  brooded  a  sor 
row  as  if  the  most  revered  had  fallen,  as  if  the  shock 
of  personal  bereavement  had  smitten  separately  every 
household." 

Mr.  Colfax  was  requested  by  the  citizens  of  Chi 
cago,  to  pronounce  a  eulogy  upon  the  life  and  character 
of  Mr.  Lincoln,  and,  though  bowed  by  the  weight  of 
the  great  personal  loss  he  had  suffered  in  the  death  of 
his  friend,  he  promptly  complied  with  the  request. 
The  address  was  chaste  and  elegant  in  style,  and  sim 
ple  and  earnest  in  its  impassioned  eloquence.  Its  sum 
mary  of  the  character  of  Mr.  Lincoln,  arid  its  expo 
sition  of  the  principles  which  had  influenced  his  career, 
were  just  and  truthful.  In  a  literary  point  of  view, 
the  address  was  the  best  effort  of  its  author's  life.  It 
was  more  than  this — it  was  the  earnest  tribute  of  one 
honest  man  to  another. 

After  seeing  the  remains  of  the  President  laid  in 
their  final  resting-place,  Mr.  Colfax  resumed  his  prep 
arations  for  his  overland  journey  to  the  Pacific.  It 
was  his  intention  to  traverse  this  road,  in  accordance 


THE   RENDEZVOUS   AT   ATCHISON.  183 

with  a  plan  which  he  had  long  entertained,  and  in  com 
pliance  with  the  invitations  he  had  received  from  the 
officers  of  the  "  Route,"  to  inform  himself  more  accu 
rately  as  to  the  actual  condition  and  needs  of  the  Terri 
tories  and  Pacific  coast,  in  order  that  he  might  be 
enabled  to  serve  their  cause  more  effectually  in  Con 
gress — an  act  of  practical  patriotism  unparalleled  in  our 
history.  His  best  efforts  had  been  given  to  the  cause 
of  the  Territories  and  Pacific  States,  and  he  was,  also, 
naturally  anxious  to  witness  the  results  of  his  labors. 

The  party  of  friends  who  were  to  accompany  him 
rendezvoused  at  Atchison,  Kansas,  on  the  21st  of 
May.  It  consisted,  besides  Mr.  Colfax,  of  Lieutenant- 
Governor  Bross,  of  Illinois,  the  senior  Editor  of  The 
Chicago  Tribune,  Mr.  Albert  D.  Richardson,  of  The 
New  York  Tribune,  and  Mr.  Samuel  Bowles,  the 
Editor  of  the  Springfield  (Mass.)  Republican,  to  whose 
excellent  narrative  we  are  indebted  for  the  account  of 
the  journey  contained  in  this  chapter.  The  party  was 
placed,  by  the  proprietors  of  the  stage  line,  in  charge 
of  Mr.  George  K.  Otis,  of  New  York,  their  special 
agent  Every  arrangement  was  made  for  their  com 
fort.  Weapons  for  defence  against  Indians  were  pro 
vided,  and  an  ample  supply  of  most  excellent  provis 
ions  laid  in.  There  were  rumors  that  the  savages  had 
again  taken  the  war  path,  and  that  the  route  was  un 
safe,  the  Indians  having  already  attacked  one  of  the 
stages ;  but  as  General  Conner,  the  commander  of  the 
troops  in  this  Military  District,  and  who  was  to  ac 
company  the  party  as  far  as  his  headquarters  at  Jules- 
burg,  on  the  border  of  Nebraska  and  Colorado  Terri- 


184  LIFE   OF   SCHUYLER   COLFAX. 

tories,  assured  the  party  that  his  arrangements  for  the 
protection  of  the  stages,  together  with  the  cavalry  escort 
which  accompanied  each  one,  would  be  sufficient  to 
ensure  their  safety,  it  was  decided  to  push  on  at  once, 
and  on  the  morning  of  the  22d  of  May,  Mr.  Coif  ax 
and  his  companions  left  Atchison,  the  eastern  terminus 
of  the  "  Overland  Route,"  and  set  out  for  Salt  Lake 
City. 

A  sharp  drive  of  two  days,  through  a  rich  prairie, 
green  with  the  first  freshness  of  the  spring,  brought 
them  to  Fork  Kearney,  Nebraska.  The  country 
through  which  they  passed  was  the  region  of  Indian 
hostilities,  and  though  they  did  not  see  even  the  shadow 
of  a  redskin,  they  had  frequent  views  of  the*  ruins  of 
farm-houses  and  outbuildings  destroyed  by  the  savages 
during  the  previous  summer.  The  stage  stations, 
consisting  generally  of  a  log  dwelling  and  stable  for 
the  men  in  charge  and  the  horses,  but  sometimes  of  a 
small  village,  were  passed  at  regular  intervals  of  ten  or 
twelve  miles,  and  the  horses  changed  at  each.  The 
stage,  a  specimen  of  those  used  on  the  route,  was  new, 
strong  and  comfortable,  the  horses  were  fresh  and 
sound,  and  an  average  speed  of  six  miles  an  hour, 
often  increasing  to  ten,  was  made.  The  meals  at  the 
stations  along  the  road  were  excellent,  and  in  short 
every  thing  was  calculated  to  assure  Mr.  Colfax  that 
he  had  worked  in  a  good  cause  when  he  had  labored 
for  the  establishment  of  the  "  Overland  Route."  The 
country  was  rich  and  luxuriant;  ranches,  or  farm 
houses,  were  scattered  about,  growing  more  remote 
towards  the  westward,  until  they  finally  disappeared ; 


THE   RIDE   ACROSS   THE   PRAIRIE.  185 

the  land  was  gently  rolling  towards  the  sunset,  with 
water-courses  at  frequent  intervals,  until  the  sand  hills 
of  the  Platte  were  met ;  and  prairie  hens  and  other 
game  abounded.  Many  long  trains,  laden  with  food, 
clothing,  machinery,  and  other  articles  of  commerce 
for  the  far-off  Territories,  were  seen  slowly  wending 
their  way  towards  the  Rocky^  Mountains.  The  stage 
whirled  by  them  rapidly,  but  not  too  fast  for  the  "pas 
sengers  "  to  notice  that  the  trains  were  moving  in  com 
pact  masses — a  sure  sign  that  the  Indians  were  near 
at  hand.  Just  before  Fort  Kearney  was  reached,  a 
heavy  storm  of  hail  and  wind  came  on,  forcing  the 
party  to  leave  the  coach,  which  was  in  danger  of  being 
dashed  to  pieces  by  the  terrified  horses,  and  to  submit 
to  the  merciless  pelting  of  the  hail  until  the  horses 
could  be  subdued.  Then,  weary  and  drenched,  for  the 
hail  had  by  this  time  changed  to  rain,  they  resumed 
their  seats  and  the  journey.  Shelter  was  soon  reached 
at  Fort  Kearney,  where  a  halt  of  a  few  hours  was 
made  to  dry  the  clothes  and  baggage  of  the  wet 
travellers.  Messages  were  sent  "  home  "  by  the  tele 
graph  from  this  point,  and,  indeed,  throughout  the 
whole  route,  the  party  were  never  out  of  reach  of 
home,  as  they  followed  the  telegraph  all  the  way. 
Every  morning  they  met  the  stages  coming  from  the 
Pacific,  which  supplied  them  with  newspapers,  and  so 
kept  them  "  posted "  as  to  the  course  of  affairs  in  the 
States,  and  they  also  enjoyed  at  the  telegraph  stations, 
the  privilege  of  reading  the  press  despatches  in  transit 
from  East  to  West  so  that  although  so  far  from 
civilization,  they  still  kept  pace  with  it. 


186  'LIFE   OF  SCHUYLER   COLFAX. 

During  the  first  part  of  the  journey,  Mr.  Colfax 
met  many  ol&  friends  from  Indiana,  in  the  settlers  in 
this  remote  region.  They  welcomed  him  warmly,  and 
exerted  every  effort  to  facilitate  his  journey.  No 
trouble  was  spared  by  the  proprietors  and  officials  of 
the  stage  line  to  make  the  trip  pleasant,  and  the 
travellers  comfortable. 

From  Fort  Kearney,  the  ride  was  resumed  towards 
the  frontier  of  Colorado,  the  country  growing  sandier, 
and  rising  steadily  towards  the  Rocky  Mountains. 
The  broad  and  swift,  but  shallow  Platte,  was  passed, 
and  the  traces  of  vegetation  and  fertility  grew  less  and 
less,  the  game,  which  had  abounded  on  the  prairies  of 
Kansas,  gradually  disappearing  here.  The  prickly 
pear  and  the  sage  bush  were  the  only  evidences  of  life 
to  be  seen,  while  the  bones  of  horses,  oxen,  and  human 
beings,  becoming  more  frequent  as  the  stage  proceeded 
westward,  told  that  this  was  indeed  a  region  to  be 
dreaded  by  the  emigrant. 

At  Julesburg,  "the  headquarters  of  the  army  in  this 
military  district,  and  a  mere  collection  of  soldiers1  huts 
and  tents,  the  party  breakfasted  with  General  Conner, 
and  the  next  day,  May  27th,  at  noon,  after  a  stage 
ride  of  six  hundred  and  fifty  miles,  arrived  in  Denver 
City,  the  capital  of  the  Territory,  where .  Mr.  Colfax 
was  enthusiastically  received  by  Governor  Evans  and 
a  committee  of  the  leading  citizens  of  Colorado,  and  es 
corted  to  his  quarters.  The  people  were  well  informed  as 
to  Mr.  Colfax' s  efforts  in  their  behalf,  and  were  anxious 
to  testify  their  appreciation  of  and  gratitude  for  them  in 
every  possible  way.  In  the  evening  a  large  crowd  of 


MR.  LINCOLN'S  MESSAGE.  187 

citizens  called  on  him  to  'pay  their  respects,  and  upon 
this  occasion  he  addressed  them  with  happy  effect,  re 
peating  to  them  the  last  message  of  President  Lincoln. 
He  said: 

"  He  had  come  in  part  to  bring  a  message  from  our 
late  President, — that  noble  man,  so  pure,  so  patriotic, 
so  forgiving,  the  most  lovable  of  all  men,  whose 
tender  heart  bore  no  ill  will,  who  never  answered 
railing  with  railing ;  on  the  very  night  he  was  seeking 
to  soften  the  fate  of  the  fallen  enemies  of  the  country, 
struck  down  by  the  assassin.  The  crime  towered  in 
its  infainy,  but  its  purpose  was  not  accomplished.  It 
was  intended  to  weaken  the  Nation,  but  it  made  the 
Nation  stronger.  It  had  placed  Abraham  Lincoln  on 
the  very  pinnacle  of  fame.  He  did  not  die  because  he 
was  Abraham  Lincoln,  but  because  he  represented  the 
Nation's  contest  with  and  victory  over  treason.  We 
might  engrave  his  name  on  marble — it  would  crumble  ; 
we  might  inscribe  it  on  Mont  Blanc,  where  that  living 
wall  four  thousand  feet  in  height  overlaid  a  portion  of 
the  mountain  eleven  thousand  feet  high — that  granite 
spire  would  moulder  in  fragments  round  the  base  of  its 
pedestal  before  the  name  and  memory  of  Abraham 
Lincoln  would  be  forgotten. 

"  Said  Mr.  Lincoln  to  me,  when  I  called  the  day 
before  his  death,  to  say  good-bye — '  Mr.  Colfax,  I  want 
you  to  take  a  message  from  me  to  the  miners  whom 
you  visit.  I  have,1  said  he,  'very  large  ideas  of  the 
mineral  wealth  of  our  Nation.  I  believe  it  practically 
inexhaustible.  It  abounds  all  over  the  western  country, 
from  the  Rocky  Mountains  to  the  Pacific,  and  its  de- 


188  LIFE   OF  SCHUYLER  COLFAX. 

velopment  has  scarcely  commenced.  During  the  war, 
when  we  were  adding  a  couple  of  millions  of  dollars 
every  day  to  our  national  debt,  I  did  not  care  about 
encouraging  the  increase  in  the  volume  of  our  precious 
metals.  We  had  the  country  to  save  first.  But  now 
that  the  rebellion  is  overthrown  and  we  know  pretty 
nearly  the  amount  of  our  national  debt,  the  more  gold 
and  silver  we  mine,  makes  the  payment  of  that  debt 
so  much  the  easier.  Now,  (said  he,  speaking  with 
much  emphasis,)  I  am  going  to  encourage  that  in  every 
possible  way.  We  shall  have  hundreds  of  thousands 
of  disbanded  soldiers,  and  many  have  feared  that  their 
return  home  in  such  great  numbers  might  paralyze  in 
dustry  by  furnishing  suddenly  a  greater  supply  of  labor 
than  there  will  be  demand  for.  I  ain  going  to  try  to 
attract  them  to  the  hidden  wealth  of  our  mountain 
ranges,  where  there  is  room  enough  for  all.  Immigra 
tion,  which  even  the  war  has  not  stopped,  will  land 
upon  our  shores  hundreds  of  thousands  more  per  year 
from  overcrowded  Europe.  I  intend  to  point  them  to 
the  gold  and  silver  that  waits  for  them  in  the  West. 
Tell  the  miners  from  me,  that  I  shall  promote  their  in 
terests  to  the  utmost  of  my  ability;  "because  their 
prosperity  is  the  prosperity  of  the  Nation,  and  (said 
he,  his  eyes  kindling  with  enthusiasm,)  we  shall  prove 
in  a  very  few  years  that  we  are  indeed  the  treasury  of 
the  world? 

"That  evening  he  (Mr.  Colfax)  had  called  again  and 
was  with  the  President  half  an  hour  just  before  he 
started  for  the  theatre,  to  which  he  had  been  invited 
to  accompany  him.  But  he  expected  to  leave  Wash- 


THE   LAST   WORDS    OF   THE    PRESIDENT.  189 

ington  the  next  morning,  and  having  other  engage 
ments  for  the  evening,  he  could  not  go.  The  President 
was  still  in  the  highest  spirits  in  the  evening.  As  he 
was  departing  for  the  theatre,  accompanied  to  the  door 
by  Mr.  Ashmun,  of  Massachusetts — the  last  walk  to 
the  door  of  the  Executive  Mansion  he  was  ever  to 
take — as  they  were  shaking  hands,  a  thought  seemed 
to  strike  the  President,  who  repeated  in  a  con 
densed  form  what  he  had  just  delivered  to  us,  thus 
showing  how  important  he  held  it,  and  said  to  him, 
'  Don't  forget,  Colfax,  to  tell  those  miners  that  that  is 
my  speech  to  them — a  pleasant  journey  to  you.  I  will 
telegraph  you  at  San  Francisco — good-bye,' — the  last 
good-bye  of  his  life.  These  words  he  brought  were  the 
last  words  of  the  President  on  public  subjects  before 
the  bullet  of  the  assassin  crashed  through  his  brain. 
It  showed  that  amid  the  exultation  consequent  on  the 
grandest  consummation  of  the  dearest  wishes  of  the 
President  and  the  Nation,  the  interests  of  the  great 
"West,  particularly  of  the  miners,  were  uppermost  in 
his  thoughts.  These  words  were  true,  prophetic."  ~ 

These  remarks  were  greeted  with  enthusiasm  by 
the  large  audience  who  listened  to  them,  and  the  last 
message  of  the  Martyr-President  was  received  with  a 
sad  satisfaction.  Speeches  were  made  by  the  other 
members  of  the  party,  and  the  visitors  subsequently 
departed. 

A  week  was  passed  pleasantly  in  Colorado,  in  visit 
ing  the  mines  and  various  places  of  interest.  At 
Central  City,  Mr.  Colfax  again  repeated  President 
Lincoln's  message  to  the  miners.  Everywhere  a  kind 


190  LIFE   OF   SCHUYLER   COLFAX. 

and  cordial  reception  waited  him,  and  it  seemed  that 
the  whole  population  of  the  Territory  was  possessed  of 
but  one  object — to  make  the  visit  of  himself  and  his 
companions  pass  pleasantly.  They  were  desirous  of 
showing  their  regard  for  one  who  had  proved  himself 
so  staunch  a  friend,  and  also  of  showing  their  loyalty 
to  the  Union  by  their  treatment  of  its  distinguished 
Representative. 

On  the  1st  of  June,  the  occasion  of  the  national 
mourning  for  Mr.  Lincoln,  Mr.  Colfax  re- delivered  his 
Chicago  Eulogy  at  Denver  City-;  and  on  the  evening 
of  the  2d  of  June,  the  night  previous  to  his  departure 
for  Salt  Lake  City,  he  was  the  recipient  of  a  grand 
banquet,  given  to  him  by  the  Territorial  officials  and 
the  leading  citizens.  Three  hundred  and  fifty  ladies 
and  gentlemen  sat  down  to  the  table,  and  though  the 
cards  of  admission  were  each  twelve  dollars  in  gold, 
they  were  eagerly  sought  after  at  an  advance  of  three 
dollars  each.  The  entertainment  was  a  brilliant  affair, 
and  the  speeches  were  not  the  least  attractive  feature 
of  the  evening.  Mr.  Colfax  returned  his  thanks  for 
the  kindness  shown  him  during  his  visit,  and  took 
leave  of  his  entertainers  in  a  speech  of  genuine 
eloquence. 

On  Saturday,  June  3d,  the  party  was  again  en 
route.  Sunday  was  passed,  as  a  day  of  rest,  at  Vir 
ginia  Dale,  a  station  on  the  frontier  of  the  Territory, 
very  near  the  Dacotah  line,  and  one  hundred  and  fifty 
miles  north  of  Denver.  The  lodgings  here  were  not 
very  elegant,  but  still  comfortable,  under  the  circum 
stances.  Mr.  Colfax  was  given  a  bed,  and  the  rest  of 


INDIAN  DEPREDATIONS.  191 

the  party  and  the  cavalry  escort  slept  in  the  coach,  and 
on  the  floor  and  ground.  Late  on  Sunday  afternoon 
the  party  climbed  to  the  top  of  a  neighboring  moun 
tain  to  witness  the  magnificent  sunset,  and  made  the 
clear  air  ring  with  the  hymns  of  "home."  Next 
morning  they  were  on  the  road  by  sunrise,  and  during 
the  day  entered  Dacotah  Territory. 

Salt  Lake  City  is  six  hundred  miles  from  Denver, 
and  a  week,  including  the  Sunday  at  Virginia  Dale, 
was*  spent  in  traveling  over  the  road.  It  would  have 
been  driven  in  five  days,  but  for  the  Indians,  who,  by 
stealing  all  the  horses  for  a  distance  of  fifty  miles 
along  the  route,  delayed  the  stage  about  two  or  three 
days.  Indeed,  the  danger  was  nearer  and  greater  than 
they  had  believed  it  would  be,  for  the  savages  hung 
close  upon  the  front  and  rear  of  the  Speaker's  party. 
The  escort  of  his  stage  drove  oif  a  band  which  was 
attacking  a  party  of  returning  Mormons,  and  one  of 
the  stations,  only  a  few  hours  after  Mr.  Colfax  and  his 
friends  had  left  it,  was  attacked  and  plundered,  and 
two  of  the  stage  employees  were  killed,  and  three  of 
the  guard  of  soldiers  severely  wounded  by  the  Indians. 

The  route  now  lay  for  the  greater  part  of  the  way 
through  the  Rocky  Mountains,  and  the  scenery  was 
grand  and  sublime  beyond  description.  The  range 
was  crossed  at  Bridger's  Pass,  the  snow  line  having 
been  traversed  in  safety,  with  the  heavy  drifts  lying 
thick  under  the  June  skies,  and  the  party  entered  the 
country  of  Bitter  Creek  and  the  Mountain  Desert,  with 
its  dreary,  barren  wastes  of  sand,  which  is  saturated  so 
thoroughly  with  alkali  as  to  poison  the  water,  and  to 


192  LIFE    OF   SCHUYLER   COLFAX. 

whiten  the  earth  until  it  resembles  a  surface  of  snow. 
The  ground  grew  rougher  and  more  rugged  as  the 
summit  of  the  mountain  range  was  neared,  but  the* 
stage  dashed  along  at  a  lively  rate,  often  swinging  from 
side  to  side  until  destruction  seemed  sure.  So  well 
trained  are  the  drivers,  however,  that  accidents  on  this 
road  are  of  rare  occurrence.  A  brief  halt  was  made  at 
the  Church  Butte,  to  enable  the  party  to  see  this  won 
derful  specimen  of  Nature's  architecture.  It  is  a  huge 
sandstone  rock,  worn  by  the  action  of  the  winds'  and 
sand  into  a  fantastic  and  startling  resemblance  to  a  half- 
ruined  Gothic  cathedral.  "We  stopped  before  it," 
says  Mr.  Bowles,  "  just  as  the  sun  had  gone  down  in 
the  west,  and  as  the  full  moon  came  up  t^he  eastern 
horizon,  and  the  soft,  contrasting  lights,  deepening 
slowly  into  shadowy  dimness,  gave  exquisite  develop 
ment  to  the  manifold  shapes  and  the  beautiful  and  pic 
turesque  outlines,  that  rock  and  clay  had  assumed. 
The  Milan  or  Cologne  cathedral,  worn  with  centuries, 
illshapen  with  irregular  decay,  could  not  have  looked 
more  the  things  they  are  or  would  be,  than  this  did. 
Everything  belonging  to  the  idea  was  there  in  some 
degree  of  preservation.  Porch,  nave,  transept,  steeple, 
caryatides,  monster  animals,  saints  and  apostles,  with 
broken  columns,  tumbled  roof,  departed  nose  or  foot, 
worn  and  crumbling  features,  were  all  in  their  places, 
or  a  little  out,  but  recognizable  and  nameable.  We 
walked  around  this  vast  natural  Cathedral  of  sandstone 
and  clay  —  a  fall  half  mile —  and  greater  grew  our 
wonder,  our  enthusiasm/'  Pressing  on,  the  stage  drew 
up  at  two  o'clock  in  the  morning  at  Fort  Bridger,  where 


ARRIVAL    IN    UTAH.  193 

Mr.  Colfax  and  his  friends  were  kindly  received  by 
Judge  Carter,  and  allowed  to  pass  the  remainder  of 
the  hours  of  darkness  in  bed.  Next  morning,  after  a 
comfortable  breakfast,  the  route  was  resumed  towards 
Salt  Lake  City,  one  day  distant. 

Driving  along  the  crest  of  a  series  of  hills  eight  thou 
sand  feet  high,  and  belonging  to  the  Wasatch  Moun 
tains,  the  party  had  an  opportunity  of  looking  down 
over  a  part  of  the  Territory  of  Utah.  The  snow  lay 
about  them,  but  the  mountain  flowers  were  blooming 
all  around  them.  The  views  were  magnificent,  and 
the  air  pure  and  bracing.  The  road  was  so  rough  that 
the  travellers  could  scarcely  keep  their  seats,  and  the 
streams  along  the  route,  which  had  to  be  forded,  were 
so  much  swollen  that  the  water  came  up  to  the  doors 
of  the  coach.  Echo  Canon  was  passed  after  sunset, 
the  mellow  moonlight  lending  a  wonderful  beauty  to 
the  picturesque  defile,  and  at  sunrise  the  stage  stopped 
for  breakfast  at  the  last  station,  kept  by  a  Mormon 
Bishop,  the  owner  of  four  wives,  who  are  located  at 
convenient  points  on  his  episcopal  circuit. 

Leaving  this  station,  the  stage  passed  over  a  high 
plateau,  from  which  the  whole  Salt  Lake  Valley  was  in 
sight.  The  view  was  beautiful.  To  the  right,  upon 
the  plateau  lay  Camp  Douglas,  the  military  post  of  the 
Valley,  and  within  cannon  range  of  the  City ;  below, 
in  the  Valley,  were  Utah  Lake  and  the  Great  Salt  Lake, 
united  by  the  flashing  line  of  the  River  Jordan  ;  Salt 
Lake  City  lay  back  amidst  its  thick  green  trees  and 
shrubbery,  and  thriving  farms  were  scattered  at  inter 
vals  all  over  the  Valley.  Such  a  scene  of  beauty  and 
13 


194  LIFE    OF    SCHUYLER    COLFAX. 

prosperity  had  not  been  witnessed  by  the  travellers 
since  they  left  the  States. 

As  the  coach  neared  Camp  Douglas,  a  military 
escort,  headed  by  the  regimental  band  and  the  com 
mander  of  the  garrison,  met  the  party  and  welcomed 
them  to  Utah.  After  a  few  brief  remarks,  the  stage 
rolled  on,  the  military  leaving  them  at  the  further 
verge  of  the  Camp.  At  the  foot  of  the  hill  a  deputa 
tion  of  the  Mormon  authorities  of  the  town  was  in 
waiting.  As  the  stage  drew  up  at  the  point  at  which 
they  had  stationed  themselves,  they  requested  Mr.  Col- 
fax  and  his  companions  to  alight.  After  a  formal 
speech  of  welcome  and  a  reply  from  the  Speaker,  the 
distinguished  visitor  and  his  friends  were  introduced 
individually  to  the  Mormon  Committee,  and  placed  in 
carriages  and  conveyed  to  the  hotel,  where  quarters  had 
been  provided  for  them.  After  refreshing  themselves, 
the  visitors  attended  the  services  at  the  Mormon  Tab 
ernacle,  and  in  the  evening  listened  to  a  sermon  from 
a  Congregational,  or  as  he  is  called  there,  "  gentile  " 
preacher. 

The  Mormons,  wishing  to  conciliate  the  favor  of 
the  Government,  were  unremitting  in  their  attentions 
to  Mr.  Colfax,  and  were  also  anxious  to  show  their 
respect  for  the  man  himself.  They  were  not  ignorant 
of  the  fact  that  he  was,  and  had  always  been,  among 
the  most  uncompromising  opponents  of  their  system 
of  polygamy,  but  they  also  knew  that  they  were 
greatly  indebted  to  him  for  the  means  of  easy  and 
reliable  communication  with  the  States  which  they 
enjoyed.  On  the  night  after  his  arrival,  he  was  given 


RECEPTION    AT   SALT    LAKE    CITY.  195 

a  serenade,  and  called  on  for  a  speech.  He  addressed 
them  at  considerable  length,  and  with  his  usual  flu 
ency  and  ease.  In  the  course  of  his  remarks  he  said : 

"  I  have  had  a  theory  for  years  past,  that  it  is  the 
duty  of  men  who  are  in  public  life,  charged  with  a 
participation  in  the  government  of  a  great  country  like 
ours,  to  know  as  much  as  possible  of  the  interests, 
development,  and  resources  of  the  country  whose  des 
tiny,  comparatively,  has  been  committed  to  their  hands. 
And  I  said  to  my  friends,  if  they  would  accompany 
me,  we  would  travel  over  the  New  World  till  we 
could  look  from  the  shores  of  the  Pacific  towards  the 
Continent  of  Asia,  the  cradle  of  the  human  race. 
And,  therefore,  we  are  here,  travelling  night  and  day 
over  your  mountains  and  valleys,  your  deserts  and 
plains,  to  see  this  region  between  the  Rocky  Mountains 
and  the  Pacific,  where,  as  I  believe,  the  seat  of  Em 
pire  in  this  Republic  ultimately  is  to  be. 

"Now,  you  who  are  pioneers  far  out  here  in  the  dis 
tant  West,  have  many  things  that  you  have  a  right  to 
ask  of  your  government.  I  can  scarcely  realize  with 
this  large  assembly  around  me,  that  there  is  an  almost 
boundless  desert  of  twelve  hundred  miles  between  my 
self  and  the  valley  of  the  Mississippi.  There  are  many 
things  that  you  have  a  right  to  demand ;  you  have 
created,  however,  many  things  here  for  yourselves. 
No  one  could  traverse  your  city  without  recognizing 
that  you  are  a  people  of  industry.  It  happened  to  be 
my  fortune  in  Congress  to  do  a  little  towards  increas 
ing  the  postal  facilities  in  the  West,  not  as  much  as  I 
desired,  but  as  much  as  I  could  obtain  from  Congress. 


196  LIFE    OF    SCHUYLER    COLFAX. 

And  when  it  was  proposed,  to  the  astonishment  of  my 
fellow-members,  that  there  should  be  a  daily  mail  run 
across  these  pathless  plains  and  mighty  mountains, 
through  the  wilderness  of  the  West  to  the  Pacific,  with 
the  pathway  lined  with  our  enemies  the  savages  of  the 
forest,  and  where  the  luxuries  and  even  the  necessaries 
of  life  in  some  parts  of  the  route  are  unknown,  the 
project  was  not  considered  possible ;  and  then,  when 
in  my  position  as  Chairman  of  the  Post  Office  Com 
mittee,  I  proposed  that  we  should  vote  a  million  of 
dollars  a  year  to  put  that  mail  across  the  Continent, 
members  came  to  me  and  said,  c  You  will  ruin  your 
self.'  They  thought  it  was  monstrous,  an  unjust  and 
extravagant  expenditure.  I  said  to  them,  though  I 
knew  little  of  the  West  then,  compared  to  what  I  have 
learned  in  the  few  weeks  of  this  trip,  I  said,  '  The 
people  along  the  line  of  that  route  have  a  right  to  de 
mand  it  at  your  hands,  and  in  their  behalf  I  demand 
it.'  Finally  the  bill  was  coaxed  through,  and  you 
have  a  daily  mail  running  through  here,  or  it  would 
run  with  almost  the  regularity  of  clockwork,  were  it 
not  for  the  incursions  of  these  savages.  And  here  let 

o 

rue  say,  by  way  of  parenthesis,  that  if  I  ever  had  any 
particular  love  for  '  the  noble  red  man,1  it  is  pretty 
much  evaporated  during  this  trip.  I  do  not  think  as 
much  of  him  as  I  did.  They  were  looking  down  from 
the  hills  at  us,  as  we  have  since  learned ;  and  had  it 
not  been  that  Mr.  Otis  and  I  had  our  hair  cut  so  short 
at  Atchison,  that  it  would  not  have  paid  expenses  to 
be  taken  even  by  an  Indian,  they  might  have  scalped 
us. 


SPEECH   AT   SALT   LAKE   CITY.  197 

"  You  had  a  right  to  this  daily  mail,  and  you  have 
it.  You  had  a  right,  also,  to  demand,  as  the  eastern 
portion  of  this  Republic  had,  telegraphic  communica 
tion  speeding  the  messages  of  life  and  death,  of  pleas 
ure  and  of  traffic ;  that  the  same  way  should  be  opened 
up  by  that  frail  wire,  the  conductor  of  Jove's  thunder 
bolts,  tamed  down  and  harnessed  for  the  use  of  man. 
And  it  fell  to  my  fortune  to  ask  it  for  you ;  to  ask  a 
subsidy  from  the  government  in  its  aid.  It  was  but 
hardly  obtained ;  yet,  now  the  grand  result  is  achieved, 
who  regrets  it — who  would  part  with  this  bond  of 
union  and  civilization  ?  There  was  another  great  in 
terest  you  had  a  right  to  demand.  Instead  of  the 
slow,  toilsome  and  expensive  manner  in  which  you 
freight  your  goods  and  hardware  to  this  distant  Terri 
tory,  you  should  have  a  speedy  transit  between  the 
Missouri  Valley  and  this  intramontane  basin  in  which 
you  live.  Instead  of  paying  two  or  three  prices — 
sometimes  overrunning  the  cost  of  the  article — you 
should  have  a  railroad  communication,  and  California 
demanded  this.  I  said,  as  did  many  others  in  Con 
gress,  '  This  is  a  great  national  enterprise ;  we  must 
bind  the  Pacific  and  Atlantic  States  together  by  bands 
of  iron  ;  we  must  send  the  iron  horse  through  all  these 
valleys  and  mountains  of  the  interior,  and  when  thus 
interlaced  together,  we  shall  have  a  more  compact  and 
homogeneous  Republic.'  And  the  Pacific  Railroad 
bill  passed.  This  great  work  of  uniting  three  thousand 
miles,  from  shore  to  shore,  is  to  be  consummated,  and 
we  hail  the  day  of  peace,  because  with  peace  we  can 
do  many  things  as  a  Nation,  that  we  cannot  do  in 


198  LIFE    OF    SCHUYLER   COLFAX. 

war.  This  railroad  is  to  be  built ;  this  Company  is  to 
build  it ;  if  they  do  not,  the  Government  will.  It 
shall  be  put  through  soon  ;  not  toilsomely,  slowly,  as 
a  far  distant  event,  but  as  an  event  of  the  decade  in 
which  we  live.  *  *  * 

"And  now,  what  has  the  Government  a  right  to 
demand  of  you  ?  It  is  not  that  which  Napoleon  ex 
acts  from  his  officers  in  France — which  is,  allegiance 
to  the  Constitution  and  fidelity  to  the  Emperor. 
Thank  God,  we  have  no  Emperor  nor  despot  in  this 
country,  throned  or  unthroned.  Here  every  man  has 
the  right,  himself,  to  exercise  his  elective  suffrage  as 
he  sees  fit,  none  molesting  him,  or  making  him  afraid. 
And  the  duty  of  every  American  citizen  is  condensed 
in  a  single  sentence,  as  I  said  to  your  Committee  yes 
terday — not  in  allegiance  to  an  Emperor,  but  allegiance 
to  the  Constitution,  obedience  to  the  law,  and  devotion 
to  the  Union.  [Cheers.]  When  you  live  to  that 
standard,  you  have  the  right  to  demand  protection ; 
and  were  you  three  times  three  thousand  miles  from 
the  national  capital,  wherever  the  starry  banner  of 
the  Republic  waves,  and  a  man  stands  under  it,  if  his 
rights  of  life,  liberty,  and  property  are  assailed,  and  he 
has  rendered  this  allegiance  to  his  country,  it  is  the 
duty  of  the  Government  to  reach  out  its  arm,  if  it  take 
a  score  of  regiments,  to  protect  and  uphold  him  in  his 
rights."  [Cheers.] 

Speeches  were  made  by  the  rest  of  Mr.  Colfax's 
party,  and  the  evening  closed  to  the  entire  satisfaction 
of  all  present. 

The   Mormon    Chief,    Brigham  Young,   had   not 


COURTESIES    TO   ME.  COLFAX.  199 

been  over  respectful  or  courteous  in  his  treatment  of 
the  Federal  officers  of  the  Territory,  and  Mr.  Colfax1  s 
friends  were  somewhat  anxious  to  see  how  he  would 
conduct  himself  towards  that  gentleman.  Ordinary 
visitors  usually  call  on  President  Young,  who  receives 
them,  but  does  not  call  on  them.  Feeling  that  he  was 
the  representative  of  the  General  Government  of  the 
Union,  Mr.  Colfax  determined  to  refrain  from  visiting 
the  Mormon  President,  until  that  gentleman  had  first 
called  on  him  as  "  the  third  officer  in  the  Government," 
and  promptly  made  public  his  intention.  The  good 
sense  of  Mr.  Young  taught  him  that  the  Speaker's 
position  was  the  proper  one,  and  he  gracefully  yielded 
to  the  unusual  circumstances  of  the  case.  On  Wed 
nesday,  the  14th  of  June,  two  days  after  Mr.  Colfax's 
arrival,  he  paid  him  an  official  visit  in  company  with 
a  host  of  the  dignitaries  of  his  Church,  and  for  two 
hours  held  a  pleasant  and  friendly  interview  with 
him. 

A  week  was  spent  pleasantly  at  Salt  Lake  City  by 
Mr.  Colfax  and  his  friends.  Excursions  were  made 
to  the  Great  Salt  Lake,  that  wonderful  Dead  Sea  of 
the  great  basin,  and  to  the  mines,  where  the  troops 
under  General  Conner  are  working  the  rich  silver 
lodes,  which  the  Mormons  affect  to  consider  worthless, 
in  the  hope  of  keeping  back  an  emigration  of  miners. 
The  ingenious  and  splendid  system  of  irrigation  by 
which  the  Mormons  have  made  a  garden  out  of  their 
originally  desert  valley,  was  explained  to  the  party, 
and  everything  that  could  furnish  a  thorough  and 
truthful  knowledge  of  the  condition  of  affairs  in  the 


200  LIFE    OF    SCHUYLER    COLFAX. 

Territory  was  carefully  studied.  Only  one  thing  was 
kept  in  the  back-ground — the  domestic  life  of  the  Mor 
mons — but  enough  of  this  was  seen  by  the  Speaker  to 
confirm  him  in  his  original  hostility  to  their  peculiar 
institution  of  polygamy.  The  officers  of  the  garrison 
were  also  unfailing  in  their  attentions,  and  several 
pleasant  visits  were  made  to  them  by  the  Speaker  and 
his  party.  On  the  evening  of  the  17th  of  June,  Mr. 
Colfax  and  his  friends  attended  a  dinner  party  given 
to  the^m  by  one  of  the  principal  Mormon  merchants,  at 
which  President  Young  and  the  principal  members  of 
his  Council  were  also  present.  The  table  was  bounti 
fully  provided  with  all  the  luxuries  of  the  season, 
served  in  excellent  style,  and  the  guests  were  waited 
on  by  several  of  the  wives  of  the  host.  Later  in  the 
evening  the  party  adjourned  to  the  theatre,  at  which 
a  special  performance  was  given  in  honor  of  Speaker 
Colfax.  The  theatre  is  a  handsome,  tasteful  building, 
superior  to  any  west  of  St.  Louis,  and  is  amply  pro 
vided  with  excellent  wardrobes,  scenery,  and  all  the 
equipments  of  a  first-class  establishment.  It  is  owned 
and  carried  on  by  Brigham  Young,  who  realizes  a 
handsome  profit  from  it.  Upon  this  occasion  the  per 
formance  consisted  of  a  fine  drama  and  a  farce.  The 
actors,  as  usual,  were  amateurs — merchants,  mechan 
ics,  and  the  wives  and  daughters  of  citizens.  One  of 
the  married  daughters  of  Brigham  Young  sustained  a 
leading  part  in  the  first  play,  and  several  of  his 
daughters  took  part  in  the  ballet,  which  was  finely 
performed. 

The  next  day  being  Sunday,  Mr.  Colfax  and  his 


VISIT   FROM   BRIG II AM    YOUNG.  201 

friends  attended  the  services  at  the  Tabernacle,  where 
President  Young,  at  the  request  of  the  Speaker, 
preached  on  the  distinctive  doctrines  of  Mormonisrn. 
His  discourse  was  very  rambling,  and  marked  by  much 
less  originality  and  ability  than  his  visitors  had  ex 
pected.  In  the  evening,  by  invitation  of  the  Church 
and  City  authorities,  Mr.  Colfax  repeated  his  Chicago 
Eulogy  on  Mr.  Lincoln.  He  spoke  it  from  memory  to 
a  large  and  delighted  audience,  who  were  wholly  un 
used  to  an  oration  of  so  much  power  and  elegance. 
His  speeches,  of  which  he  had  made  several  since  his 
arrival  in  the  Territory,  had  already  made  him  very 
popular  with  the  people ;  but  this  eulogy,  says  Mr. 
Bowles,  "  increased  the  feeling  in  his  favor  to  a  high 
enthusiasm." 

In  the  afternoon  of  the  same  day,  President  Young 
and  the  leaders  of  his  Church  called  on  the  Speaker  to 
bid  him  farewell.  A  long  interview  ensued,  in  which 
the  subject  of  polygamy  was  discussed.  Mr.  Young 
asked  Mr.  Colfax  what  the  Government  intended  to  do 
with  the  Mormons,  now  that  Slavery  had  been  abol 
ished.  Mr.  Colfax  replied  that  he  had  no  authority  to 
speak  for  the  Government ;  but  that  he,  himself,  would 
earnestly  advise  the  Mormon  leaders,  for  their  own 
good,  to  anticipate  any  action  on  the  part  of  the  Gov 
ernment,  and  do  away  with  polygamy  of  their  own 
accord.  He  assured  them  that  the  Government  could 
not  and  would  not  look  calmly  upon  a  growth  of  the 
system,  and  that  it  would  some  day  meet  the  question. 
If  they  would  abandon  the  practice,  however,  and  sub 
mit  to  the  laws  of  the  land,  there  was  no  doubt  in  his, 


202  LIFE.  OF   SCHUYLER   COLFAX. 

the  Speaker's  mind,  that  Utah  would  be  promptly  ad 
mitted  as  a  State.  In  reply  to  a  question  from  Mr. 
Young,  as  to  whether  the  Government  would  not  seek 
to  destroy  the  Mormon  religion  and  church  together 
with  polygamy,  Mr.  Colfax  replied  emphatically  that 
it  would  not,  but  that  the  Mormons  would  be  allowed 
to  exercise  the  same  freedom  in  religious  matters  that 
was  guaranteed  by  the  Constitution  to  every  citizen. 

The  eastern  branch  of  the  "  Overland  Stage  Route," 
which  is  owned  by  Mr.  Benjamin  Holladay,  ends  at 
Salt  Lake  City,  and  there  Mr.  Colfax  and  his  friends 
parted  from  Mr.  Otis,  who  had  been  unremitting  in  his 
attentions  to  them.  They  were  then  placed  in  charge 
of  an  agent  of  the  "  Overland  Mail  Company," — run  by 
Messrs.  Wells,  Fargo  &  Co. — the  Express  Kings  of 
the  Pacific  Coast — and,  on  the  morning  of  June  19th, 
left  Salt  Lake  City  for  Virginia  City,  in  tbe  State  of 
Nevada.  Anxious  to  see  how  fast  they  could  send  the 
party  through,  the  officials  of  the  "  Overland  Mail " 
carried  them  from  Salt  Lake  City  to  Austin,  Nevada, 
a  distance  of  four  hundred  miles,  in  fifty  hours,  just 
two  thirds  of  the  time  usually  occupied  in  the  trip.  At 
Austin  a  halt  of  two  or  three  days  was  made  to  enable 
the  travellers  to  visit  the  mines,  and  then  the  ride  to 
Virginia  City  was  resumed.  That  place — two  hun 
dred  miles  from  Austin — was  reached  in  twenty-two 
hours,  or  fourteen  hours  less  than  the  schedule  time  of 
the  mail  stages.  The  ride  was  rough,  and  the  alkali 
dust  from  the  roads  was  penetrating,  and  made  noses, 
eyes,  and  lips  burn  and  smart ;  but  the  travellers  were 
glad  to  get  on  at  this  rapid  rate.  The  stations  of  the 


RECEPTION   AT   VIRGINIA  -CITY.  203 

Company  are  from  ten  to  fifteen  miles  apart,  and  at 
each,  of  these  fresh  horses,  ready  harnessed  and  wait 
ing,  were  attached  to  the  coach,  and  a  new  driver  was 
taken  up  every  fifty  miles.  It  took  only  four  minutes 
to  chjange  horses,  the  meals  were  ready  on  the  table 
upon  the  arrival  of  the  stage  at  the  eating  stations,  and 
an  average  speed  of  from  eight  to  twelve  miles  was 
maintained  throughout  the  trip.  At  six  o'clock  on 
Sunday  morning,  June  24th,  the  stage  dashed  into  the 
silent  streets  of  Virginia  City,  and  landed  the  Speaker 
and  his  companions  at  the  quarters  which  had  been 
provided  for  them.  It  had  been  the  intention  of  the 
citizens  and  State  authorities  to  give  Mr.  Colfax  a 
public  reception  on  his  entrance  into  the  place  ;  but,  as 
he  arrived  long  before  he  was  expected,  the  public  wel 
come  did  not  take  place  until  the  26th/  On  this  occa 
sion,  Mr.  Colfax  spoke  at  considerable  length,  and, 
among  other  things,  said : 

"  I  know  that  in  all  these  mining  regions,  there  is 
some  distrust  and  alarm,  in  regard  to  the  taxation  of 
the  mines  ;  and  I  come  here  this  evening  to  this  bal 
cony,  that  I  might  tell  you  frankly  what  I  believe  my 
self  about  this  interesting  subject,  whether  it  agrees 
with  your  views,  or  does  not  agree  with  them — for  I 
can  only  speak  to  you  these  words  that  I  sincerely  be 
lieve.  I  take  it  for  granted,  in  the  first  place,  that 
everybody  in  this  broad  land  has,  directly  or  indirectly, 
to  aid  in  the  payment  of  our  national  debt ;  that  debt 
which  has  been  accumulated  for  the  salvation  of  our 
country ;  a  debt  which,  great  as  it  is,  is  small  in  com 
parison  with  the  value  of  the  great  interests  which 


204  LIFE    OF   SCHUYLER    COLFAX. 

were  saved  by  its  incurring.  For  though  it  has  cost 
much  to  save  this  country,  it  will  prove  in  the  end  that 
it  has  cost  less  to  save  than  it  would  have  cost  to  lose 
the  country.  The  question  is,  how  shall  this  burden 
be  adjusted?  For  it  is  the  duty  of  the  statesman  to 
adjust  that  burden  with  equity  to  all  the  interests  in  the 
land.  I  came  from  my  home  on  this  long  journey,  not 
for  pleasure  and  relaxation  alone,  but  for  instruction  ; 
that  I  might  see  with  my  own  eyes  the  improvement 
in  the  West,  the  interests  and  resources  of  the  country 
on  this  side  of  the  Continent,  its  wants  and  what  it 
had  a  right  to  demand  of  legislation.  Having  been  in 
the  past, — and  I  do  not  speak  of  it  boastfully,  for  I  be 
lieve  you  all  know  what  I  have  done  for  western  inte 
rests  in  the  past, — having  been  in  that  past  a  sincere 
and  earnest  friend  of  western  interests,  I  thought  that 
a  personal  visit  to  this  interesting  region  of  the  Repub 
lic,  now  being  developed  rapidly,  and  to  be  developed 
with  tenfold  rapidity  in  the  years  which  are  to  come, 
now  that  peace  has  returned  to  our  land,  might  make 
me  a  more  intelligent  and  useful  friend  and  advocate 
of  western  interests  than  ever  before. 

.  •"  In  the  first  place,  I  believe  in  a  fable  that  I  read 
in  my  younger  years,  the  moral  of  which  was  that  you 
should  never  kill  the  goose  which  laid  the  golden  egg. 
On  the  contrary,  you  should  encourage  the  goose  to 
lay  more  eggs  of  that  kind.  [Applause.] 

"  I  think  that  is  a  principle  you  will  all  agree  in. 
We  are  having  an  immense  immigration  from  Europe. 
It  was  scarcely  checked  by  the  war,  even  with  all  the 
threatening  of  a  draft  hanging  over  the  immigrant, — a 


SPEECH   AT   VIRGINIA    CITY.  205 

threat  which  the  potentates  and  powers  of  Europe  pub 
lished  throughout  their  lands,  and  had  described  with 
exaggerated  terrors.  The  subjects  in  Europe  were  told 
that  our  country  was  racked  with  civil  strife,  was  going 
down  into  anarchy  and  ruin  ;  that  the  great  institutions 
of  American  liberty  were  overthrown,  and  that  we 
were  to  be  consigned  to  constant  intestine  war  here 
after.  In  spite  of  all  these  prophecies  of  evil,  immi 
grants  poured  in  upon  us,  even  during  the  war,  by 
thousands  and  tens  of  thousands.  They  will  come  by 
hundreds  of  thousands  hereafter.  They  have  to  go  some 
where  in  this  broad  land.  When  they  arrive  on  our 
shores  from  overcrowded  Europe,  they  should  be  pointed 
to  this  western  realm  of  country,  filled  with  the  precious 
metals,  open  for  all  men  to  come  and  prospect  and 
gather  for  themselves.  I  want  no  fetters  of  restriction 
placed  upon  the  mining  prospector  who  is  willing  to 
pursue  his  hazardous  vocation.  On  the  contrary,  I 
would  encourage  him,  and  I  would  encourage  others  to 
come  hither  and  follow  his  example,  by  extending 
every  reasonable  inducement.  And  I  think  we  have 
a  precedent  in  our  legislation,  which  justifies  us  in 
throwing  open  all  these  lands  to  whomsoever,  may 
choose  to  come  here  to  dig  for  silver  and  for  gold.  If 
you  will  look  at  the  policy  of  our  country,  which,  after 
years  of  stormy  contest  in  Congress,  was  finally  settled 
in  regard  to  our  agricultural  lands, — a  policy  that  will 
never  be  repealed, — you  will  find  a  policy  which  is  the 
truest  and  wisest  that  a  great  country  could  adopt  in 
order  to  have  its  people  tilling  the  soil,  becoming  pro 
ducers  of  national  wealth,  adding  to  our  agricultural 


206  LIFE    OF   SCHUYLER   COLFAX. 

resources,  calling  our  people  away  from  the  crowded 
cities  to  make  them  tillers  of  the  soil  of  the  Republic. 
That  policy  is  to  give  them  an  estate  at  a  nominal 
price,  throwing  open  our  public  lands  to  them,  that 
they  may  become  owners  of  the  soil  they  till  and  have 
a  stake  in  the  prosperity  of  the  Nation.  That  is  the 
great  object  sought  to  be  obtained,  and  which  is  obtain 
ed,  by  the  provisions  of  the  homestead  law.  If  that  is 
the  just  policy  in  regard  to  the  agricultural  lands,  it  is 
equally  just  in  regard  to  the  mineral  lands.  Because 
the  man  who  goes,  enjoying  the  benefits  of  the  home 
stead  law,  to  till  the  soil,  is  assured  of  success.  He 
knows,  judging  by  all  ordinary  calculations,  that  when 
he  turns  over  the  greensward  with  his  plow  and  puts  in 
the  seed,  it  will  return  him  ten,  twenty  or  fifty  fold. 
But  the  miner,  on  the  contrary,  knows  that  his  voca 
tion  is  a  hazardous  one ;  and  if  there  should  be  a  pri 
ority  of  benefits,  to  either,  I  would  hold  out  rather 
more  inducements  to  the  miner  upon  the  mineral  lands, 
than  I  would  to  the  tiller  upon  the  acres  of  agricul 
tural  lands.  [Applause.]  But  I  believe  in  assimi 
lating  the  policy.  If  it  is  right  in  the  one  case  it  is 
right  in  the  other,  and  upon  that  rock  of  right  I  plant 
myself  in  that  policy.  [Applause.] 

"  But  the  homstead  law  says  that  this  land  shall 
only  be  given  to  the  farmer  upon  condition  that  he  will 
occupy  and  improve  the  land  himself.  If  he  abandon 
the  land,  he  loses  it.  If  he  attempts  to  hold  it  as  a 
non-resident,  he  loses  it.  He  must  go  on  and  add  to 
the  national  wealth  by  his  industry ;  and  upon  that 
condition  he  receives  the  land  at  a  mere  nominal  fee  for 


SPEECH   AT   VIRGINIA    CITY.  207 

» 

the  patent  granted  to  him,  after  five  years'  occupancy, 
by  the  government.  That  seems  to  be  the  correct 
policy,  and  that  should  be  the  policy  in  regard  to  the 
mineral  lands.  While  the  right  of  discovery  and  oc 
cupancy  should  be  protected  by  the  government,  when 
mineral  discoveries,  or  what  are  supposed  to  be  such, 
are  abandoned,  they  should  not  be  held  to  the  exclu 
sion  of  those  who  might  be  willing  to  work  the  aban 
doned  claims.  That  is  a  doctrine  which  is  based  upon 
the  principles  of  justice,  I  think. 

u  Now,  my  friends,  in  regard  to  taxation,  I  have 
precedents  which  will  be  familiar  to  you  when  I 
quote  them.  And  I  speak  of  these  things  because  I 
would,  as  far  as  possible,  impress  on  your  minds  those 
precedents,  as  I  believe  them  to  be  right,  and  that  your 
senators,  and  that  your  representatives  may  place 
your  claims  and  your  demands  in  the  Capitol  at  Wash 
ington,  not  upon  the  basis  of  a  bonus  to  the  miner, 
but  upon  the  basis  of  justice  as  compared  with  other 
interests  in  the  land.  Let  us  examine  the  principles 
of  the  tax  bill  which  we  have  framed.  I  know  that  it 
is  a  heavy  and  onerous  tax  bill.  Nothing  in  the  shape 
of  a  tax  bill  is  calculated  to  be  popular.  Government 
can  never  get  that  class  of  bills  exactly  correct ;  and  I 
would  not  claim  that  this  one  is  exactly  correct,  although 
I  believe  it  is  as  nearly  equal  in  its  burdens  as  possible. 
In  that  tax  bill  you  will  see  illustrated  the  policy  of 
Congress,  which  has  been  to  put  the  tax  as  far  away 
as  possible  from  the  first  production  of  the  soil.  Let 
us  take,  for  instance,  the  article  of  wood.  There  is 
nothing  in  the  tax  bill  levying  a  tax  on  wood  growing 


208  LIFE    OF    SC1IUYLER   COLFAX. 

in  the  forest  or  cut  down  by  the  forester ;  but  when  the 
wood  is  manufactured  into  a  buggy,  into  a  wagon, 
into  cabinet- ware,  or  into  any  other  kind  of  work  made 
of  wood,  then  the  tax  accrues  for  the  first  time  upon 
the  manufactured  article,  whatever  it  may  be,  and  not 
until  then.  It  is  so  with  wool.  There  is  no  tax  in 
the  national  tax  law  on  the  wool  upon  the  sheep's  back; 
there  is  no  tax  upon  it  after  it  is  clipped  from  the 
sheep's  back  and  packed  up  in  bales  in.  the  store  of  the 
wool  merchant  or  sheep  raiser.  But  when  the  wool  is 
manufactured  into  woollen  goods,  then  it  is  taxed, — not 
until  then.  The  same  principle  applies  to  tobacco, 
which  I  presume  you  know  is  very  heavily  taxed. 
Now,  I  don't  suppose  that  any  of  you  drink  whiskey. 
[Laughter  and  cries  of  "No,  no !  "  "never!  "]  But  if 
you  do  drink  whiskey, — which  I  don't, — you  will  realize 
that  every  glass  of  whiskey  which  you  drink  and  pay  for, 
contributes  a  portion  to  the  revenues  of  the  general  gov 
ernment,  whether  you  like  it  or  not.  Now  I  take  all 
iny  vice  out, — (I  think  every  man  is  guilty  of  at  least 
one  vice, — I  don't  believe  there  are  any  perfect  men, — I 
believe  the  ladies  are  about  all  perfect,  Heaven's  last 
best  gift  to  man,  but  I  believe  that  all  men  are  addict 
ed  to  one  vice  or  another) — I  take  my  vice  out  in  to 
bacco,  in  smoking.  I  take  my  cigar,  and  have  the  sat 
isfaction  of  thinking  that  by  every  one  I  smoke  I  am 
aiding  somewhat  in  the  support  of  the  general  govern 
ment.  If  any  of  you  take  patent  medicines,  you  are  en 
titled  to  feel  the  same  interest  and  satisfaction  in  the 
operation.  [Laughter.]  You  will  see  on  the  outside 
label  a  stamp  of  from  two  to  four  cents.  So  much  is 


SPEECH   AT   VIRGINIA   CITY.  209 

contributed  to  the  general  government  from  that  partic 
ular  source.  But,  to  resume  seriously  :  There  is  no 
tax  upon  tobacco  in  the  leaf,  nor  is  there  any  tax  upon 
the  corn  out  of  which  the  whiskey  is  made.  When 
the  corn  is  manufactured  into  whiskey,  then  the  gov 
ernment  puts  the  tax  on  the  whiskey.  "When  the  to 
bacco  is  manufactured  into  cigars  or  plug,  then  the  tax 
is  put  on.  This  is  the  policy  of  the  general  govern 
ment  in  this  respect.  There  is  only  one  exception  to 
it.  Tnat  is  cotton.  Cotton  is  taxed  when  it  is  pro 
duced  in  the  field.  There  is  a  reason  for  that.  Cotton 
used  to  be  king.  We  concluded  that  we  would  see  if 
we  could  not  in  this  Republic  dare  to  tax  the  king. 
That  is  the  only  exception  in  the  tax  law.  In  every 
other  case  the  tax  is  put  away  from  the  produce  until 
the  article  is  manufactured  or  ready  for  consumption. 

"  You  understand  already  what  I  am  going  to  say 
to  you.  That  is  just  my  theory  in  regard  to  the 
taxation  of  the  precious  metals.  Don't  embarrass  the 
men  who  are  taking  the  precious  metals  out  of  the 
mines  ;  but  when  these  metals  are  assayed,  when  they 
enter  as  bullion  or  coin  into  the  monetary  wealth  of 
the  country,  then  they  will  be  taxed,  and  then  they 
should  be  taxed,  and  then,  whether  you  like  it  or  not, 
they  must  be  taxed.  [Great  applause.]  I  think  that 
is  the  true  basis  to  put  this  whole  question  upon  in 
Congress,  and,  presented  in  that  way,  I  believe  that 
you  can  command  success  and  that  regard  for  your 
interests  which  you  need  and  justly  require." 

A  Voice. — "How  about  the  Pacific  Railroad?" 
"  In  regard  to  the  Pacific  Railroad,  I  can  only  turn 

14 


210  LIFE   OF   SGHUYLER  COLFAX. 

to  my  record  on  that  subject  I  believe  the  Pacific 
Hailroad  to  be  a  national  and  political  and  military 
necessity.  I  believe  that  there  should  be  a  railroad 
binding  this  great  Continent  together  with  its  iron 
bands.  It  is  riveted  and  banded  together  now  by 
mountain  and  river  and  plain,  upon  which  are  written  : 
"  What  God  has  joined  together  let  no  man  put 
asunder."  Arid  when  the  tide  of  immigration  poured 
across  these  Plains  and  made  these  States  of  the  Pa 
cific  Coast,  looking  out  over  the  slope  of  the  Sierras 
across  the  Pacific  Ocean  to  the  birthplace  of  mankind, 
the  Continent  of  Asia,  I  believed  it  was  our  duty,  the 
duty  of  those  of  us  living  in  the  older  States,  to  make 
the  means  of  transit  between  the  Pacific  and  Atlantic 
States  not  a  slow  and  toilsome  journey  by  ox  or  horse  or 
mule  team,  but  by  the  iron  horse  that  we  have  in  all 
other  portions  of  the  land.  Years  and  years  ago,  before 
there  was  a  Pacific  Railroad  bill  passed  in  Congress,  I 
was  its  earnest  advocate.  When  men  talked  about  the 
amount  of  money  that  would  have  to  be  paid  by  the 
general  government  in  the  building  of  a  line  of  road, 
I  said  that  was  not  an  iota  in  the  balance  in  compari 
son  with  its  national  benefits.  Since  that  time  the 
necessity  for  it  has  been  enhanced.  It  is  needed  for 
the  development  of  this  mineral  wealth.  Go  with  me 
to  Austin,  where  I  saw  their  seams  of  silver  with  my 
own  eyes.  There  are  mines  there  which  would  be 
sources  of  wealth  on  either  side  of  the  Sierra  Nevadas. 
Many  of  them,  besides  those  now  being  worked,  could 
be  developed,  but  cannot  be  now.  Why?  Because 
of  their  distance  from  their  base  of  supplies ;  because 


SPEECH   AT   VIRGINIA   CITY.  211 

of  the  great  cost  of  freight, — of  machinery.  But  when 
we  have  a  Pacific  Hailroad  opening  to  this  vast  interior 
region,  with  all  its  enormous  resources,  then  the  mining 
pioneers  of  our  country  will  be  able  to  work  with  great 
profit  the  mineral  lands  which  cannot  now  be  worked 
at  all.  It  will  pay  back  to  our  national  treasury  far 
more  than  the  bonus  which  may  be  given  to  aid  in  the 
construction  of  such  a  railroad  or  railroads ;  it  will 
add  to  our  national  wealth ;  besides  being  a  bond  of 
union,  firm  as  the  eternal  hills,  over  which  the  tracks 
will  run.  And  I  believe  that  it  is  about  to  come,  and 
come  rapidly,  if  continued  peace  enables  us  to  devote 
the  energies  of  the  country  to  it." 

Several  days  were  spent  in  and  around  Virginia 
City,  in  examining  the  mines.  The  famous  "Corn- 
stock  Lode"  was  fully  explored  by  the  party,  with  all 
its  wonderful  wealth  of  silver.  Then  leaving  Virginia 
City,  by  stage,  the  party  drove  rapidly  towards  the 
great  mountain  range  of  our  western  coast,  the  Sierra 
Nevada.  The  journey  was  resumed  by  sunrise,  and 
breakfast  was  eaten  at  Steamboat  Springs,  a  place 
which  derives  its  name  from  a  series  of  remarkable 
springs  close  by,  from  which  the  hot  steam  escapes  in 
puffs  like  those  of  a  steamboat.  Then,  plunging  down 
into  the  valley,  they  drove  by  Washoe  Village  and 
Lake,  where  a  bountiful  lunch  and  a  warm  welcome, 
which  were  gracefully  acknowledged  by  Mr.  Colfax, 
awaited  them.  Further  on,  at  Carson  City,  the  capital 
of  the  new  State,  Mr.  Colfax  was  met  by  a  volunteer 
company  headed  by  a  brass  band  and  the  Governor  of 
the  State.  Speeches  and  a  dinner  were  the  order  of 
the  day  at  this  place,  and  then  the  ride  was  resumed 


212          LIFE  OF  SCHUYLER  COLFAX. 

Climbing  the  eastern  slopes  of  the  Sierras,  with 
the  sighing  of  the  tall  pines  filling  the  moon-lighted 
air  with  their  strange^  weird  music,  the  travellers  came 
to  Lake  Tahoe,  whose  waters  danced  merrily  in  the 
moonbeams  in  their  lofty  bed  six  thousand,  five  hun 
dred  feet  above  the  sea  level.  A  little  steamer,  just 
built,  was  waiting  at  the  hotel  for  the  distinguished 
guests,  and  had  the  honor  of  carrying  as  its  first  pas 
senger  the  "third  officer  of  the  Government."  The 
sail  over  the  lake  was  delightful,  and  after  this  was 
accomplished,  the  stage  rolled  on,  down  the  western 
side  of  the  Sierras,  into  California.  The  road  over 
which  it  passed  is  a  marvel  of  western  energy  and 
fertility  of  resource.  The  whole  road,  from  Carson 
City,  Nevada,  to  Placerville,  California,  a  distance  of 
one  hundred  miles,  is  sprinkled  regularly  every  day 
during  the  Summer  by  water  carts,  to  lay  the  dust  for 
the  travellers.  Placerville  was  reached  after  nightfall, 
but  not  too  late  for  a  splendid  reception  by  the  citizens. 
Speeches  and  a  grand  midnight  dinner  were  the  pro 
gramme.  The  stages  were  now  left  behind,  and  the 
Speaker  and  his  friends  were  embarked  on  the  cars  of 
the  railroad  and  conveyed  to  Sacramento,  sixty  miles 
distant,  which  was  reached  in  the  morning  in  time  to 
partake  of  a  sumptuous  public  breakfast  Then,  em 
barking  on  a  large  and  handsome  steamer,  as  comfort 
able  and  as  elegant  as  any  on  the  Eastern  rivers,  a 
delightful  sail  down  the  Sacramento  river,  brought 
them  to  San  Francisco,  the  "  Golden  City  of  the 
West,"  late  on  the  night  of  July  1st,  where  quarters 
had  been  provided  for  them  at  the  Occidental  Hotel. 


CHAPTER   IX. 

Review  of  the  Journey — Departure  for  Oregon — Journey  through  that 
State — Portland — Excursion  on  the  Columbia  Eiver — Reception  at 
the  Dalles— Washington  Territory— Reception  at  Olyrapia— Puget 
Sound— Reception  at  Vancouver's  Island — Speech  at  Victoria— Re 
turn  to  San  Francisco — Excursions  through  California — Honors  to 
Mr.  Colfax  hy  the  Citizens  of  San  Francisco— The  Chinese  Dinner — 
The  Parting  Banquet— Speech  of  Mr.  Colfax— Departure  from  Cali 
fornia — Remarks  of  Mr.  Bowles  on  Mr.  Colfax's  Receptions  hy  the 
people — The  Voyage  home — Panama — Crossing  the  Isthmus — Arri 
val  in  New  York — Mr.  Colfax's  Lecture. 

THE  Continent  was  crossed.  Mr.  Colfax  and  his 
companions  had  travelled  fifteen  hundred  miles  by  rail 
road,  from  the  Atlantic  to  the  Missouri,  two  thousand 
miles,  by  stage,  across  the  Plains  and  mountains, 
sixty  miles  by  railway  again,  and  then  one  hundred 
and  fifty  miles  by  steamboat  down  the  Sacramento 
river — a  grand  total  of  three  thousand  seven  hundred 
and  ten  miles — in  seven  weeks.  This,  too,  in  almost  a 
straight  line  across  the  Continent,  or  as  Mr.  Bowles 
aptly  says,  "  Within  hail  of  a  single  parallel  line  from 
East  to  West,  and  still  the  Republic  !  " 

A  few  days  were  spent  in  San  Francisco  in  seeing 
the  sights  of  the  city,  and  enjoying  the  private  hospi 
tality  of  the  citizens — all  public  demonstrations  being 
delayed  until  the  Speaker's  return  from  Oregon — and 
on  the  10th  of  July,  the  party  bent  their  steps  north 
ward,  for  a  visit  to  Oregon  and  Washington  Territory. 
The  railroad  dropped  them  In  the  Sacramento  Valley, 


214  LIFE   OF   SCHUYLER   COLFAX. 

about  fifty  miles  from  San  Francisco,  and  from  this 
point  the  journey  was  continued  by  stage,  through  a 
country  almost  tropical  in  the  richness  of  its  natural 
productions ;  by  the  little  town  of  Red  Bluffs,  now 
noted  as  the  home  of  the  widow  and  daughters  of  John 
.Brown ;  and  in  sight  of  the  snow-capped  mountains 
of  the  Sierra  Nevada.  Shasta,  king  of  the  western 
range,  reared  its  lofty  head  high  above  its  compan 
ions,  as  if  to  assert  its  royalty,  and  extorted  the  en 
thusiastic  praise  of  the  travellers.  Soon  the  Oregon 
boundary  was  crossed,  Jacksonville  passed,  and  late 
one  afternoon  the  party  enjoyed,  from  a  lofty  hill,  a 
glorious  view  of  the  beautiful  and  fertile  Valley  of  the 
Willamette,  which  is  green  with  its  abundant  grass  all 
through  the  entire  year.  Eugene  City,  Corvallis,  Al 
bany,  Salem,  the  capital  of  the  State,  and  Oregon 
City,  were  passed  in  the  order  named,  and  Portland, 
the  largest  city  in  the  State,  was  reached.  This  city 
has  a  population  of  seven  thousand  and  is  the  great 
centre  of  trade  in  the  State,  being  no  mean  rival  of 
San  Francisco  itself.  It  is  situated  on  the  banks  of 
the  Willamette  river,  about  twelve  miles  above  the 
junction  of  that  stream  with  the  Columbia,  and  one 
hundred  and  thirty-two  miles,  by  water,  from  the  Pa 
cific  Ocean.  It  is  accessible  by  ships  and  ocean 
steamers  of  the  largest  size,  and  many  of  the  latter  are 
to  be  seen  in  its  harbor  during  the  busy  season. 

Mr.  Colfax  and  his  friends  were  the  recipients  of 
the  cordial  hospitalities  of  the  people  of  Portland,  and 
during  his  brief  visit  the  Speaker  made  many  friends 
there. 


EXCURSION   ON   THE    COLUMBIA.  215 

In  order  to  afford  Mr.  Colfax  and  his  party  an  op 
portunity  to  witness  the  improvements  which  had  been 
made  in  the  navigation  of  the  Columbia  River,  as  well 
as  to  view  the  magnificent  scenery  of  that  stream,  the 
officers  of  the  "  Oregon  Steam  Navigation  Company" 
placed  a  special  steamer  at  their  service,  for  a  two  days1 
excursion  on  the  Columbia. 

Leaving  Portland,  one  morning,  on  a  large  and  ele 
gant  steamer,  the  party  sped  down  the  Willamette  to 
the  Columbia,  and  turned  into  the  broad,  deep  current 
of  the  great  river  of  the  Northwest.  A  brief  halt  was 
made  at  Vancouver,  where  the  Speaker  and  his  com 
panions  partook  of  the  hospitality  of  the  officers  of  the 
garrison.  Fifty  miles  further  up  the  stream,  the  trav 
ellers  left  the  steamer  at  the  Cascades,  and  were  con 
veyed  around  these  rapids  by  a  fine  railway,  for  a  dis 
tance  of  five  miles.  At  the  head  of  the  "  Cascades," 
a  second  steamer,  in  every  way  the  equal  of  the  first, 
received  them,  and  conveyed  them  to  the  Dalles,  forty- 
five  miles  higher  up  the  river.  The  route  now  lay 
through  the  magnificent  pass  by  which  the  Columbia 
breaks  through  the  mountains,  and  the  scenery  was 
sublime.  At  the  Dalles,  a  town  of  twenty-five  hun 
dred  inhabitants,  and  the  centre  of  an  active  trade,  the 
river  is  again  interrupted  for  a  distance  of  fifteen  miles 
by  rapids.  The  travellers  were  conveyed  around  this 
obstruction  by  railway,  and  at  Celilo,  at  the  head  of 
the  rapids,  found  a  third  large  and  elegant  steamer, 
"  with  large  state  rooms,  long  and  wide  cabins,  various 
and  well  served  meals,"  awaiting  them.  From  this 
point  there  is  uninterrupted  navigation  to  White  Bluffs, 


216  LIFE   OF   SCHUYLER  COLFAX. 

one  hundred  and  sixty  miles  further  up  the  stream. 
A  part  of  the  travellers  spent  the  night  on  the  boat  at 
Celilo  ;  but  Mr.  Colfax  and  several  others  went  back 
to  the  Dalles,  to  address  the  people,  who  had  requested 
them  to  do  so.  They  returned  to  the  boat  at  Celilo,  a 
few  hours  before  daybreak  the  next  morning,  and  soon 
after  started  up  the  river  again.  The  trip  was  con 
tinued  about  forty  miles  above  Celilo,  to  a  point  two 
hundred  and  sixty  miles  from  the  sea,  and  at  which 
the  shores  had  melted  down  to  a  low,  flat  prairie.  The 
boat  was  then  put  about,  and  the  party  returned  to 
Portland  over  the  route  by  which  they  had  come,  en 
joying,  during  the  greater  part  of  the  entire  trip,  mag 
nificent  views  of  Mount  Hood. 

On  the  25th  of  July,  Mr.  Colfax  s  party  left  Port 
land,  and  were  conveyed  by  steamer  to  Monticello,  in 
Washington  Territory,  fifty-two  miles  from  Portland. 
From  this  place,  a  ride  of  two  days  across  the  country, 
some  in  a  rough  wagon,  and  some  on  horseback, 
brought  them  to  Olympia,  the  capital  of  the  Territory, 
at  the  head  of  Puget  Sound.  They  entered  the  town 
at  night,  and  were  received  by  Acting- Governor  Evans 
and  a  grand  procession,  headed  by  a  brass  band.  The 
visit  to  Olympia  was  very  brief,  as  the  steamer  for 
Victoria,  Vancouver's  Island,  was  in  waiting. 

A  delightful  sail  of  a  day  and  a  night  down  Puget 
Sound  brought  the  party  to  the  beautiful  landlocked 
harbor  of  Victoria,  which  is  a  part  of  the  domain  of 
Her  Majesty  the  Queen  of  Great  Britain.  A  day  and 
a  half  were  spent  pleasantly  at  this  place.  The  Amer 
ican  residents  and  the  British  citizens  joined  right 


SPEECH  AT   VICTORIA.  217 

heartily  in  welcoming  their  distinguished  visitor.  A 
"grand  dinner"  was  given  to  the  Speaker,  at  which  the 
Colonial  officials  were  present,  and  which  was  marked 
by  the  greatest  cordiality  and  good  feeling.  Mr.  Col- 
fax  returned  his  thanks  for  the  honor  done  him,  in  an 
eloquent  speech.  He  said : 

"  You  have  given  me  a  welcome  that  is  truly  grati 
fying.  I  see  around  me  not  only  American  citizens, 
but  the  officials,  civil  and  military,  and  the  subjects  of 
that  great  and  good  woman,  Queen  Victoria.  Al 
though  I  am  a  republican  in  every  sinew  and  fibre,  I 
never  think  of  her  without  my  heart  flowing  with  grat 
itude.  When  our  country  was  in  imminent  peril,  and 
when  Great  Britain  and  America,  the  representatives 
of  a  common  lineage,  a  common  language,  and,  if  such 
it  can  be  called,  a  common  religion,  were  almost  em 
broiled  in  mortal  conflict  on  the  Trent  difficulty,  Queen 
Victoria  stepped  in  and  demanded  of  her  ministers  that 
the  character  of  their  missives  should  be  conciliatory ; 
that  it  should  not  be  repulsive  to  the  United  States, 
but  should  enable  the  American  people  to  comply  with 
the  request  without  any  sacrifice  of  honor.  On  that 
occasion  she  proved  her  wisdom,  her  sagacity,  and  her 
kindness.  ******** 

"  I  know  there  are  difficulties  between  the  United 
States  and  nations  on  the  other  side  of  the  Atlantic ; 
but  these  can  be  safely  confided  to  the  sagacity  and  wis 
dom  of  the  respective  governments.  We  Americans 
should  never  forget,  so  long  as  we  speak  the  same 
tongue,  how  much  we  owe  to  the  people  of  the  British 
Isles, — in  science  and  art ;  in  history  and  literature ; 


218  LIFE   OF   SCHUYLER   COLFAX. 

in  poesy  and  song.  We  claim  an  equal  share  in  the 
fame  of  Shakespeare  and  Milton,  Cowper  and  Pope, 
Gibbon  and  Macaulay,  Newton  and  Rosse.  *  *  * 
"  The  people  of  Great  Britain  respect  the  memory 
of  Wilberforce.  I  think  it  was  Macaulay  who  said  of 
that  great  man,  when  he  ascended  to  the  judgment-seat 
of  God,  that  he  held  in  his  hands  the  shackles  of  a 
hundred  thousand  of  his  fellow-beings.  We  had  an 
other  name  hallowed  in  all  our  memories,  and  never  to 
be  forgotten  in  connection  with  the  emancipation  of  the 
slaves — the  name  of  a  great  and  good  and  kind-hearted 
man, — Abraham  Lincoln, — who,  taking  the  helm  of 
State,  never  despaired  of  our  great  Republic,  proving 
himself  the  faithful  and  indomitable  pilot,  steering 
through  good  and  ill  the  Ship  of  State.  While  he 
stood  at  the  helm,  he  was  the  greatest  and  purest  and 
best  in  the  land ;  and  when  he  went  above,  he  took 
with  him  the  fetters  of  a  down-trodden  and  oppressed 
race,  which  no  power  on  God's  footstool  could  ever 
again  place  on  their  enfranchised  limbs.  The  whole 
civilized  world  now  sees  that,  when  ingrates  and  rebels 
lit  the  torch  of  civil  war,  they  also  lit  the  funeral  pyre 
of  the  institution  of  slavery.  Let  me  not  be  misunder 
stood  ;  I  believe  that  this  war  will  open  a  new  era  for 
the  genial  and  fertile  land  of  the  South.  The  honora 
ble  gentleman  here  sketched  in  glowing  language  the 
peculiar  advantages  of  the  South,  saying  that  it  held 
three  great  keys  of  the  country, — Hampton  Roads,  the 
keys  of  Florida  and  New  Orleans  ;  and  that,  with  free 
and  paid  labor  to  replace  tha,t  enforced  system  of  labor 
which  had  been  a  blight  to  mankind, — for  with  Lamar- 


RETURN   TO    SAN   FRANCISCO.  219 

tine  lie  believed  that  God  never  allowed  a  chain  to  be 
bound  round  the  limbs  of  the  slaves,  without  forging 
the  other  end  round  the  neck  of  the  oppressor, — the 
fortunes  of  the  country  would  again  be  in  the  ascend 
ant.  If  our  people  were  only  faithful  to  themselves, 
to  their  institutions,  to  the  country,  they  would  merit 
and  attain  to  the  grandest  destiny  that  lay  in  the  womb 
of  Time  for  any  nation  on  the  globe.  Instead  of  thir 
ty-six  stars,  a  whole  galaxy  of  blazing  orbs  would 
spangle  that  glorious  field  of  blue.  The  star  of  Wash 
ington  Territory, — that  only  Territory  that  has  been 
named  after  the  great  and  immortal  statesman, — would 
shine  there;  the  stars  of  Idaho,  of  Montana,  of  Colo 
rado,  of  all  the  Territories,  would  shine  on  that  glori 
ous  flag,  and  all  these  noble  States  would  revolve  round 
the  Central  Government  as  one  Central  Sun — distinct 
as  the  billows,  but  one  as  the  sea !  " 

Embarking  in  the  steamship  Sierra  Nevada,  the 
party  proceeded  to  San  Francisco  by  sea.  The  Pacific 
was  very  rough  during  the  three  days'  voyage,  and  the 
voyagers  were  glad  when  they  were  safely  through  the 
portals  of  the  Golden  Gate,  and  once  more  on  terra 
firma. 

After  the  return  of  the  party  to  San  Francisco, 
excursions  were  made,  during  the  month  of  August, 
to  many  of  the  points  of  interest  in  the  State.  The 
line  of  the  Central  Pacific  Railway  was  visited  and 
inspected,  and  the  Speaker  made  fully  acquainted  with 
its  wants  and  hopes.  The  Yosemite  Valley,  the  Big 
Trees,  the  Geysers,  the  Steamboat  Springs,  the  Wine 
country,  the  Mines,  the  Sea  shore,  were  all  visited  in 


220  LIFE   OF   SCHUYLER   COLFAX. 

their  turn,  until  the  whole  State  became  familiar  to 
the  party. 

During  their  stay  in  San  Francisco,  Mr.  Colfax 
and  his  friends  were  the  constant  recipients  of  the 
unstinted  hospitality,  both  public  and  private,  of  the 
citizens.  A  notable  feature  of  these  attentions,  was 
the  public  dinner  given  to  the  Speaker,  on  the  evening 
of  the  17th  of  August,  by  the  leading  Chinese  mer 
chants  of  the  place.  The  feast  was  given  in  the  upper 
room  of  the  principal  Chinese  restaurant  of  the  city, 
and  was  served  with  true  Asiatic  magnificence.  The 
party  numbered  from  fifty  to  sixty,  half  Chinese,  half 
whites,  and  were  seated  around  little  tables,  six  to 
nine  at  a  table,  hosts  and  guests  evenly  mixed.  The 
service  was  of  the  finest  and  most  exquisite  China 
ware,  and  the  viands  consisted  of  Chinese  sauces, 
pickles,  sweetmeats,  preserves,  nuts,  fried  shark's  fins, 
and  grated  ham,  stewed  pigeon  with  bamboo  soup, 
fish-sinews  with  ham,  stewed  chicken  with  water-cress, 
sea-weed,  stewed  ducks  and  bamboo  soup,  sponge  cake, 
omelet  cake,  flower  cake  and  banana  fritters,  bird-nest 
soup,  tea,  a  white  rose-scented  liquor,  very  strong  and 
served  in  tiny  cups,  lichens,  a  moss-like  fungus,  stewed 
chestnuts,  Chinese  oysters  (dried  and  sent  over  from 
China),  a  stew  of  ilour  and  white  nuts,  stewed  mutton, 
roast  ducks,  rice  and  duck's  eggs  and  pickled  cucum 
bers,  ham  and  chicken  soup.  It  was  not  etiquette  to 
take  more  than  a  mouthful  of  each  dish.  The  dinner 
was  divided  into  three  courses,  between  each  of  which 
the  company  retired  into  an  adjoining  room  for  half  an 
hour,  and  smoked,  talked  and  listened  to  Chinese 


THE  FAKE  WELL  BANQUET.  221 

music.  The  entertainment  lasted  from  five  in  the 
afternoon  till  eleven  o  clock,  and  at  the  close  of  it,  the 
Americans  were  about  half  starved. 

It  was  Mr.  Colfax's  intention  to  return  home  by 
steamer  on  the  3d  of  September,  and  just  before  his 
departure  he  was  honored  with  a  grand  farewell  ball 
and  banquet  by  the  leading  citizens  of  the  place.  The 
entertainment  was  one  of  the  most  magnificent  of  its 
kind  ever  given  in  America,  and  the  company  was 
large  and  brilliant.  In  response  to  the  farewell  toast 
of  health  and  happiness  to  the  Speaker  on  his  home 
ward  voyage,  Mr.  Colfax  spoke  as  follows : 

"  Ladies  and  Gentlemen : — The  brevity  that  an  oc 
casion  like  this  commands,  impels  me  to  omit  much 
that  rises  before  my  mind  as  I  stand  before  you.  But 
the  kind  and  generous  hospitalities  of  which  we  have 
been  the  recipients,  culminating  in  this  brilliant  testi 
monial,  which  is  at  once  a  reception  and  a  farewell, 
and  the  very  cordial  and  complimentary  address  to 
which  I  have  just  listened,  forbid  that  I  should  remain 
entirely  silent. 

"  Just  two  months  ago,  after  journeying  over 
thousands  of  miles  of  mountains  and  valleys  and 
deserts  and  plains,  your  honored  Mayor,  and  a  Com 
mittee  of  your  Supervisors  met  us  in  the  cabin  of  the 
steamer  c  Chrysopolis,'  and  gave  us  an  official  welcome 
to  this  seven-hilled  city.  Since  then,  in  all  our  travels 
upon  this  coast,  we  have  been  accustomed  to  speak  of 
San  Francisco  as  a  home.  And  now,  though  I  came  here 
a  stranger  and  a  traveller,  I  feel  like  one  who  is  indeed 
about  to  leave  his  home  and  hearthstone.  [Applause.] 


222     '  LIFE   OF   SCHUYLER   COLFAX. 

"  When,  on  Saturday  morning,  I  sail  out  through 
the  Golden  Gate  upon  the  broad  ocean,  and  see  head 
land  and  cliff  recede  from  view,  I  shall  feel  as  now  the 
inward  struggle  between  the  joy  with  which  I  think  of 
the  home  and  the  many  friends  of  many  years,  I  am 
going  to,  and  the  regret  with  which  I  leave  the  home 
I  hope  I  have  in  the  hearts  of  new  friends  here. 

"Our  party  came  hither  to  learn,  by  actual  obser 
vation,  more  of  this  Pacific  portion  of  the  Republic,  its 
resources  and  its  wants ;  and  you  can  testify  that  the 
grass  has  not  grown  under  our  feet.  We  have  seen 
your  varieties  of  mining, — placer,  hydraulic  and  quartz. 
We  have  seen  many  of  your  rich  agricultural  valleys, 
— the  Sacramento,  San  Joaquin,  San  Jose,  Petaluma, 
Russian  River,  Napa,  Sonoma,  Alameda,  and  others. 
We  have  travelled  on  nearly  every  mile  of  your  two 
hundred  to  three  hundred  miles  of  railroads,  closing 
with  the  delightful  excursion  to-day  on  the  Alameda 
Railroad,  for  which  we  were  indebted  to  its  President, 
Mr.  Cohen.  We  have  visited,  or  passed  through,  over 
half  of  your  cities  and  towns.  We  have  enjoyed  visits 
to  your  great  natural  curiosities,  the  world  renowned 
Yosemite  Valley,  to  be  visited  by  thousands,  hereafter, 
instead  of  scores,  if  California,  by  wise  legislation,  ap 
preciates  the  gift  of  it  from  the  general  government, — 
the  Big  Trees,  the  Geysers,  and  your  neighbors,  the 
Sea  Lions. 

"  We  have  examined,  with  interest,  many  of  your 
manufactures,  and  reared  as  I  was,  in  the  school  of 
Henry  Clay,  to  believe  in  American  manufactures,  I 
am  prouder  of  the  suit  in  which  I  am  clothed  to-night, 


MR.  COLFAX'S   FAREWELL.  223 

of  California  cloth,  from  wool  on  the  back  of  California 
sheep,  woven  by  the  Mission  Woollen  Mills,  and  made 
here,  than  of  the  finest  suit  of  French  broadcloth  I  ever 
owned.  [Applause.]  I  would  urge  you,  in  these  last 
words,  to  foster  manufactures,  which  are  the  backbone 
of  national  or  State  prosperity  and  independence.  Even 
if  they  should  not  be  profitable  as  a  pecuniary  invest 
ment,  every  triumph  of  mechanical  or  manufacturing 
industry  here,  is  another  spoke  in  .the  wrheel  of  your 
progress.  Develop  and  foster  commerce  on  your  great 
Pacific  sea;  for  Raleigh  spoke  truly  when  he  said, 
4  Those  who  command  the  sea,  command  the  trade  of 
the  world ;  those  who  command  the  trade  of  the  world, 
command  the  riches  of  the  world,  and  thus  command 
the  world  itself.1  [Applause.] 

u  But  the  moments  sweep  by,  and  I  must  not  de 
tain  you  longer.  There  have  been  weary  hours  in  all 
this  incessant  journeying,  but  they  have  been  happy 
and  golden  hours,  too;  happy,  because  full-freighted 
with  hospitality  and  feasts  to  the  eye  and  the  mind ; 
golden^  because  filled  with  recollections  that  will  never 
die;  friendships  never  to  be  forgotten  till  this  heart 
ceases  to  beat ;  affectionate  regards  more  priceless  than 
the  wealth  of  Ormuz  and  the  Ind ;  and  memories  en 
shrined  in  the  soul  forever.  [Applause.] 

"  Hoping  I  have  a  happy  God  speed  from  you  all 
on  the  long  journey  before  me,  I  must  now  say  fare 
well — no,  not  farewell,  for  that  seems  for  life,  and 

4  Farewell,  farewell,  is  a  lonely  sound 

That  always  brings  a  sigh  ; 
But  give  me  rather,  when  true  friends  part, 
That  good  old  word,  good-bye.' 


224  LIFE   OF   SCHUYLER   COLFAX. 

"  And  thus,  to  friends  of  other  years,  whom  I  have 
met  here  so  happily  again,  and  to  the  newer  friends  I 
have  found  in  your  midst,  I  bid  you,  one  and  all,  not 
a  life-long  but  a  regretful  Good-Bye." 

Every  thing  being  in  readiness,  Mr.  Colfax  and  his 
companions,  on  the  3d  of  September,  embarked  on  the 
Pacific  Mail  Steamship  Company's  Steamer  Golden 
City,  for  Panama,  and  sailed  from  California.  The 
great  journey  to  the  Pacific  was  over,  and  the  travellers 
were  going  home. 

In  place  of  any  comments  of  our  own,  upon  this 
remarkable  trip,  we  beg  the  reader's  attention  to  the 
following  remarks  of  one  of  Mr.  Colfax's  companions, 
to  whose  valuable  work  we  are  indebted  for  the  best 
account  that  has  been  given  of  the  journey.  He  says: 

"  The  Speaker's  public  visit,  or  perhaps  more  proper 
ly,  his  public  reception  may  be  said  to  be  over.  It  has 
been  a  remarkable  one  for  its  generosity  and  universal 
ity  and  spontaneity ;  altogether  unexpected  to  him,  and 
so  still  more  flattering ;  and  greatly  creditable  to  the 
hospitality  and  genuine  patriotism  of  the  people  of 
these  States.  I  have  omitted  any  record  of  it,  in  our 
progress  from  town  to  town  and  State  to  State,  because 
the  story  in  all  general  terms  was  the  same.  But  now 
that  it  is  substantially  over  and  the  journey  completed, 
it  is  only  simple  truth  to  say  that  no  man  ever  had 
such  a  generous  popular  welcome  on  these  shores  be 
fore.  From  his  arrival  at  Austin  in  Nevada,  where 
we  first  struck  the  spreading  tide  of  Pacific  civilization 
and  population,  through  that  State,  through  California 
to  this  city,  and  again  northerly  through  the  State, 


REMARKS    OF   MR.  BOWLES.  225 

through  Oregon  and  Washington,  and  into  the  British 
Provinces,  up  to  this  time, — a  period  of  six  weeks,- — 
his  progress  through  the  country  has  been  a  continuous 
popular  ovation.  Everywhere  the  same  welcome  from 
authorities  and  citizens,  the  same  unstinted  proffer  of 
every  facility  for  the  journey,  for  seeing  all  parts  of  the 
country,  all  shades  of  its  development:  special  coaches, 
special  trains  arid  extra  steamboats  have  been  at  his 
service;  welcome  everywhere  to  confidence,  to  fullest 
fact  from  most  intelligent  sources ;  welcome  everywhere 
by  brass  band,  cannon,  military  escort,  public  addresses ; 
and  everywhere,  even  to  smallest  village  and  tavern 
collection  of  neighboring  rancheros,  the  same  eager 
desire  to  hear  the  distinguished  visitor  speak,  and  eke 
then  for  big  or  little  orations  from  his  less  distinguished 
companions. 

u  There  is  a  combination,  of  causes  for  the  marked 
demonstrativeness  and  popularity  of  this  welcome  to 
Mr.  Colfax  in  all  this  region.  Chief,  of  course,  are  his 
conspicuous  public  position,  and.  the  fact  that  he  is  the 
first  man  high  in  State  who  has  ever  visited  the  Pacific 
States  for  the  simple  and  sole  reason  of,  studying  their 
resources  and  interests,  so  as  the  better  to  serve  them 
in  the  government ;  his  early  and  steady  friendship  and 
leadership  in  important  legislation  at  Washington  in 
behalf  of  all  this  region  ;  his  wide  personal  popularity 
among  public  men  and  private  men,  who  have  ever 
known  him,  and  the  magnetic  spread  of  this  popularity 
along  his  journey  from  his  intercourse  with  the  people 
and  his  speeches  to  them.  We  must  add  to  these  rea 
sons,  now,  the  newly-developed  and  hearty  sympathy 
15 


226  LIFE    OF   SCHUYLER   COLFAX. 

of  these  western  States  with  the  political  experiences 
and  interests  of  the  East ;  their  inability  to  share  in 
the  war  directly,  but  their  therefore  more  intensely  loyal 
feeling  in  regard  to  it  and  its  issues,  and  the  limited 
occasion  for  expressing  it.  Also,  and  an  important 
consideration,  is  the  eager  looking  for  larger  knowledge 
and  new  appreciation  of  the  capacities  and  interests  of 
these  States,  in  this  time  of  their  depression  and  com 
parative  poverty ;  and  the  desire  for  the  spread  of  such 
information  among  the  public  men,  and  through  the 
press  of  the  East,  as  will  lead  to  a  fresh  emigration 
and  a  new  supply  of  capital.  It  is  dull  times  here  ;  it 
is  flush  times  in  the  East ;  and  the  West  would  borrow 
of  our  new  life  and  prosperity.  Mr.  Colfax  and  his 
companions  were  men  thought  to  be  in  positions  to 
contribute  to  such  results  ;  and  part  of  their  welcome^ 
part  of  the  generous  confidence  and  hospitality  that 
have  been  extended  to  them,  have  confessedly  been  on 
this  ground.  Such  union  of  motive, — gratitude,  appre 
ciation,  loyalty,  wise  and  creditable  selfishness,  have 
inspired  and  fed  most  bountiful  welcome  and  treatment. 
These  Western  people  never  do  any  thing  by  halves ; 
they  give  of  feeling  and  of  time  and  of  money,  when 
ever  they  are  moved,  without  stint,  without  calculation. 
"  Mr.  Colfax  has  freely  gratified  the  popular  desire 
everywhere  to  listen  to  his  voice ;  no  place  on  his 
route  was  too  small,  no  gathering  too  insignificant, 
to  be  turned  off  with  indifference,  when  such  hearty 
greeting  appealed  for  attention ;  and  he  has  spoken, 
long  and  short,  an  average  of  at  least  once  a  day  since 
he  left  the  Missouri  River ; — some  days  his  speeches 


SPEECHES   OF   MR.  COLFAX.  227 

number  four  and  five.  Never  much  studied,  they 
were  rarely  alike  in  form ;  never  greatly  elaborated, 
they  always  reached  a  high  level  of  popular  eloquence. 
The  average  quality  of  excellence  in  all  his  efforts  has 
surprised  me :  I  doubt  if  any  other  of  our  public  men 
could  speak  so  often  and  so  much,  and  on  such  various 
occasions,  and  succeed  so  well  in  all.  The  character 
istics  of  his  speaking  have  been  practical  wisdom  or 
good  sense,  entire  frankness  in  utterance  of  opinions,  a 
charming  simplicity  in  his  style  of  oratory,  coupled 
with  a  ready,  clear  expression,  and  a  steady  natural 
enthusiasm,  which  have  -kept  his  hearers  in  constant 
sympathy  with  his  individuality.  The  staple  subjects 
he  has  treated  have  been  the  War  and  the  questions 
growing  out  of  it,  the  Resources  of  the  Pacific  States 
and  their  development,  the  Mining  and  the  Taxation 
of  its  results,  the  Mexican  question  and  the  Monroe 
doctrine,  the  Future  Destiny  of  the  Republic,  Mr. 
Lincoln  and  his  Character,  the  Pacific  Railroad,  and 
such  local  and  personal  matters  as  the  place  and  hour 
suggested. 

"  As  to  the  mines  and  the  taxation  of  their  prod 
ucts,  which  is  a  subject  of  much  anxiety  in  the 
mining  districts,  Mr.  Colfax  has  taken  the  ground  that 
the  mineral  lands  should  be  thrown  open  by  the 
Government  to  the  free  occupation  of  discoverers  and 
workers,  the  same  as  our  agricultural  lands,  and  under 
similar  regulations  to  those  the  miners  themselves 
have  adopted,  in  the  absence  of  any  Governmental 
action,  and  that  the  Government  should  not  tax  the 
product  until  it  passes,'  finally,  in  the  form  of  bullion, 


228  LIFE    OF   SCHUYLER   COLFAX. 

into  the  commercial  uses  of  the  world ; — the  same  as 
it  taxes  grain  only  in  the  form  of  whiskey  and  flour, 
sheep  and  wool  as  cloth,  and  the  woods  in  their  last 
processes  of  manufacture.  He  argued  this  point  so 
justly  and  strongly  that  he  gained  general  acquiescence 
even  from  the  classes  who  have  generally  contended 
that  mining  should,  in  no  form  or  stage,  be  obliged  to 
contribute  to  the  support  of  the  Government. 

u  On  the  Mexican  question,  he  even  more  bravely 
set  himself  against  the  current  of  public  opinion  on 
this  coast.  -Here  it  is  popular  to  talk  of  '  cleaning 
out '  Maximilian  in  sixty  days ;  of  taking  up  arms  for 
the  Juarez  Government,  even  if  war  with  England 
and  France  should  thus  be  precipitated.  Mr.  Colfax 
said  distinctly  that  he  had  no  sympathy  with  this 
demand ;  he  believed  in  the  Monroe  doctrine,  he 
thought  the  Juarez  was  the  rightful  G6vernment  of 
Mexico ;  but  he  was  for  no  hasty,  no  harsh  action  by 
our  people  or  Government.  We  should  have  no  new 
war  if  it  could  be  avoided  honorably  ;  we  needed  the 
healing,  developing  influences  of  peace;  we  needed  to 
build  the  Pacific  Railroad,  to  develop  our  mines  and 
our  manufactures  and  our  agriculture,  and  to  pay  our 
debts, — all  which  would  be  forbidden  or  suifer  delay 
and  depression  under  foreign  war ;  and  he  believed 
that  with  patience  and  tact,  and  a  generous  confidence 
in  our  Government  by  the  people,  the  Mexican  ques 
tion  would  be  satisfactorily  solved  ere  long,  without 
any  such  dire  calamity  as  a  new  and  general  taking 
up  of  arms  by  the  nation.  Pressing  these  views  con 
stantly  and  against  the  popular  passion,  he  has  clearly 


POPULARITY  OF  MR.  COLFAX.  229 

made  a  strong  impression  in  their  favor  ;  leading  cit 
izens  and  prominent  journals  have  responded  to  his 
opinions ;  and  he  may  be  said  to  have  worked  almost 
a  revolution  in  the  current  public  sentiment  of  the  Pa 
cific  States  011  this  subject ;  while  he  has  added  to  the 
universal  respect  felt  for  him  personally  by  his  courage 
in  espousing  an  unpopular  view  here.  His  visit  may 
be  counted  as  of  real  national  benefit  for  the  influence 
of  his  course  in  this  matter  alone. 

"  Mr.  Colfax's  speeches  at  Austin,  Virginia  City, 
Placerville,  Sacramento,  San  Francisco,  Portland,  and 
Olympia,  may  be  reckoned  as  his  most  complete  and 
satisfactory  and  statesmanlike  discussions.  That  at  the 
dinner-table  in  Victoria,  to  his  combined  American 
and  British  entertainers,  was  his  finest  specimen  of 
popular  eloquence ;  it  was  well-conceived  and  tasteful 
in  thought,  well-pitched  and  richly  sustained  in  ex 
pression  ;  and  its  impression  upon  his  audience,  one  of 
the  most  intelligent  and  critical  he  has  ever  addressed, 
was  most  decided  and  gratifying.  The  leading  Eng 
lish  gentlemen  present  were  enthusiastic  concerning 
both  its  matter  and  manner.  It  breathed  the  spirit  of 
peace  and  fraternal  feeling  towards  the  English  sove 
reign  and  people ;  while  setting  forth  most  effectively 
the  success  and  destiny  of  the  great  American  Re 
public. 

"  Mr.  Colfax  has  indeed  gained  credit  and  pop 
ularity  everywhere  on  his  journey ;  and  his  visit  here 
is  likely  to  prove  as  valuable  to  him  personally,  in, 
his  growth  as  a  public  man,  as  it  surely  will  be  im 
portant  and  useful  in  intertwining  the  bonds  of  business 


230  LIFE   OF   SCHUYLER   COLFAX. 

and  of  political  union,  of  profit  and  of  patriotism, 
among  the  widely  separated  States  of  the  nation.  Of 
his  companions  in  his  travels,  Governor  Bross  has 
generally  joined  him  in  addressing  the  popular  audi 
ences  that  have  welcomed  the  party,  and  Mr.  Richard 
son  occasionally,  and  both  with  much  acceptance.  The 
Governor  is  sure  to  gain  the  cheers  of  the  men,  the 
smiles  of  the  ladies  ;  and  Mr.  Richardson  has  charmed 
all  by  his  cultured  sentences  and  his  well-rounded 
rhetoric."  * 

A  pleasant  run  of  fourteen  days,  with  the  west 
coast  of  the  continent  almost  within  gunshot  all  the 
way,  brought  the  steamer  to  the  lazy,  tropic  town  of 
Panama,  and  a  quick  trip  by  railroad  across  the  poi 
sonous  jungles  and  swamps  of  the  Isthmus,  carried  our 
travellers  to  Aspinwall,  where  they  embarked  for 
New  York,  which  they  reached  after  an  unusually 
pleasant  voyage  of  six  and  a  half  days,  landing  in  that 
city  on  the  23d  of  September. 

The  journey  and  its  incidents  furnished  Mr.  Colfax 
with  the  material  for  an  interesting  and  valuable  lec 
ture  on  the  subject.  He  has  repeated  this  lecture  in 
almost  every  city  in  the  Union,  but  without  any  very 
great  pecuniary  profit  to  himself,  as  he  has  usually 
given  the  proceeds  of  the  entertainment  to  some  chari 
table  object — thus  quietly  and  unostentatiously  laying 
up  a  treasure  "  where  moth  and  rust  do  not  corrupt." 

*"  Across  the  Continent."     By  Samuel  Bowles.    The  reader  will 
find  this  a  valuable  and  interesting  work. 


CHAPTER  X. 

Meeting  of  the  3 9th  Congress— Mr.  Colfax  elected  Speaker — His  Address 
— Measures  of  Congress — Conflict  with  the  President — Elected  to  the 
40th  Congress — Again  chosen  Speaker — Meeting  of  the  Chicago  Con 
vention — The  Platform — Nomination  of  General  Grant — Balloting 
for  Vice-President — Choice  of  Mr.  Colfax — Scenes  ia  the  Convention 
— Announcement  to  Mr.  Colfax — Scene  in  the  Speaker's  Room — ^Re 
ception  of  Mr.  Colfax — Congratulated  by  the  Democrats — General 
rejoicing — Formal  Announcement  of  his  Nomination  to  Mr.  Colfax — 
His  Reply — Scene  at  General  Grant's  Residence — Mr.  Colfax's  Letter 
of  Acceptance — Personal  Sketch  of  Mr.  Colfax. 

THE  Thirty-Ninth  Congress  met  in  Washington  on 
the  4th  of  December,  1865.  After  the  call  of  the  roll, 
the  House  proceeded  to  elect  a  Speaker.  Mr.  Morrill, 
of  Vermont,  nominated  Mr.  Colfax,  and  Mr.  Winfield, 
of  New  York,  Mr.  Brooks.  The  vote  was  taken  with 
the  following  result : 

For  Mr.  Colfax 139 

For  Mr.  Brooks 36 

The  Clerk  then  announced  the  result,  and  Mr. 
Colfax  was  conducted  to  the  Chair,  from  which  he 
thus  addressed  the  House  : 

"  Gentlemen  of  the  House  of  Representatives :  The 
re-assembling  of  Congress,  marking,  as  it  does,  the 
procession  of  our  national  history,  is  always  regarded 
with  interest  by  the  people  for  whom  it  is  to  legislate. 
But  it  is  not  unsafe  to  say  that  millions  more  than 
ever  before,  North,  South,  East,  and  West,  are  look- 


232  LIFE    OF   SCHUYLER   COLFAX. 

ing  to  the  Congress  which  opens  its  sessions  to-day, 
with  an  earnestness  and  solicitude  unequalled  on  simi 
lar  occasions  in  the  past.  The  Thirty-Eighth  Congress 
closed  its  constitutional  existence  with  the  storm  cloud 
of  war  still  lowering  over  us,  and  after  nine  months 
absence,  Congress  resumes  its  legislative  authority  in 
these  council  halls,  rejoicing  that  from  shore  to  shore 
in  our  land,  there  is  peace. 

ults  duties  are  as  obvious  as  the  sun's  pathway  in 
the  heavens.  "Representing  in  its  two  branches  the 
States  and  the  pepple,  its  first  and  highest  obligation 
is  to  guarantee  to  every  State  a  Republican  form  of 
Government,  The  Rebellion  having  overthrown  Con 
stitutional  State  Governments  in  many  States,  it  is 
yours  to  mature  and  enact  legislation,  which,  with  the 
concurrence  of  the  Executive,  shall  establish  them 
anew  on  such  a  basis  of  enduring  justice,  as  will  guar 
antee  all  necessary  safeguards  to  the  people,  and  afford 
what  our  Magna  Charta,  the  Declaration  of  Independ 
ence,  proclaims  is  the  chief  object  of  government — pro 
tection  to  all  men  in  their  inalienable  rights.  The 
world  should  witness,  in  this  great  work,  the  most  in 
flexible  fidelity,  the  most  earnest  devotion  to  the  prin 
ciples  of  liberty  and  humanity,  the  truest  patriotism, 
and  the  wisest  statesmanship. 

"  Heroic  men,  by  hundreds  of  thousands,  have  died 
that  the  Republic  might  live.  The  emblems  of  mourn 
ing  have  darkened  White  House  and  cabin  alike ; 
but  the  fires  of  civil  war  have  melted  every  fetter  in 
the  land,  and  proved  the  funeral  pyre  of  Slavery.  It 
is  for  you,  Representatives,  to  do  your  work  as  faith- 


MEASUKES  OF  THE  39TH  CONGRESS.       233 

fully  and  as  well  as  did  the  fearless  saviours  of  the 
Union  in  their  more  dangerous  arena  of  duty.  Then 
we  may  hope  to  see  the  vacant  and  once  abandoned 
seats  around  us  gradually  filling  up,  until  this  hall 
shall  contain  Representatives  from  every  State  and 
district ;  their  hearts  devoted  to  the  Union  for  which 
they  are  to  legislate,  jealous  of  its  honor,  proud  of  its 
glory,  watchful  of  its  rights,  and  hostile  to  its  enemies. 
And  the  stars  on  our  banner,  that  paled  when  the 
States  they  represented  arrayed  themselves  in  arms 
against  the  nation,  will  shine  with  a  more  brilliant 
light  of  loyalty  than  ever  before." 

The  oath  of  office  was  then  administered  to  Mr. 
Colfax,  and  the  business  of  the  house  was  commenced. 

The  sessions  of  the  Thirty-Ninth  Congress  are 
among  the  most  memorable  in  our  history.  They  wit 
nessed  the  discussions  and  passage  of  the  Second 
Freedinan's  Bureau  Bill,  the  Civil  Eights  Bill,  the 
Tenure  of  Office  Bill,  and  the  Reconstruction  measures 
of  Congress.  At  the  first  session  of  this  Congress, 
also,  began  that  fatal  conflict  between  the  President 
and  Congress,  provoked  by  the  obstinacy  arid  errors 
of  the  former,  which  has  been  so  detrimental  to  the 
welfare  of  the  country.  The  sessions  of  the  House 
were  often  exciting  and  stormy,  and  it  required  no 
little  skill,  tact,  and  firmness  on  the  part  of  the 
Speaker,  to  maintain  order  in  that  unruly  body.  The 
task  was  well  performed,  however,  and  so  fairly  and 
manfully,  that  to-day  Mr.  Colfax  is  as  popular  a 
Speaker  with  the  Democratic  members  of  the  House, 
as  with  his  own  party. 


234  LIFE   OP   S'JHUYLER   COLFAX. 

In  the  fall  of  1866,  Mr.  Colfax  was  again  nomi 
nated  to  Congress  by  his  party,  and  elected  by  a  major 
ity  of  2,148  votes.  He  was  elected  Speaker  of  the 
Fortieth  Congress,  which  met  in  December,  1867,  and 
still  holds  that  position — the  most  popular  presiding 
officer  the  House  has  had  since  the  days  of  Henry 
Clay. 

The  National  Convention  of  the  Union  Republican 
party  met  at  Chicago  on  the  20th  of  May,  1868,  for 
the  purpose  of  nominating  candidates  for  the  high 
offices  of  President  and  Vice  President  of  the  United 
States,  and  framing  a  platform  expressive  of  the  prin 
ciples  of  the  party.  It  remained  in  session  two  days. 
The  first  day  was  spent  in  organizing,  and  on  the 
morning  of  the  21st,  the  Committee  on  resolutions  re 
ported  the  following  platform,  which  was  adopted  unan 
imously  : 

"  The  National  Republican  Party  of  the  United  States, 
assembled  in  National  Convention  in  the   City  of 
Chicago,  on  the  20th  day  of  May,  1868,  make  the 
following  declaration  of  principles : 

"  1.  "We  congratulate  the  country  on  the  assured  suc 
cess  of  the  Reconstruction  policy  of  Congress,  as  evinced 
by  the  adoption  in  the  majority  of  the  States  lately 
in  rebellion,  of  Constitutions  securing  equal  civil  and 
political  rights  to  all,  and  it  is  the  duty  of  the  Govern 
ment  to  sustain  those  institutions  and  to  prevent  the 
people  of  such  States  from  being  remitted  to  a  state  of 
anarchy.  [Cheers.] 

u  2.  The  guarantee  by  Congress  of  equal  suffrage 


THE    CHICAGO    PLATFORM.  235 

to  all  loyal  men  at  the  South  was  demanded  by  every 
consideration  of  public  safety,  of  gratitude,  and  of  jus 
tice,  and  must  be  maintained;  while  the  question  of 
suffrage  in  all  the  loyal  States  properly  belongs  to  the 
people  of  those  States.  [Cheers.] 

"  3.  We  denounce  all  forms  of  repudiation  as  a  na 
tional  crime  [prolonged  cheers] ;  and  the  national 
honor  requires  the  payment  of  the  public  indebtedness 
in  the  uttermost  good  faith  to  all  creditors  at  home 
and  abroad,  not  only  according  to  the  letter  but  the 
spirit  of  the  laws  under  which  it  was  contracted.  [Ap 
plause.] 

"4.  It  is  due  to  the  labor  of  the  nation  that  taxa 
tion  should  be  equalized,  and  reduced  as  rapidly  as  the 
national  faith  will  permit. 

"  5.  The  national  debt,  contracted,  as  it  has  been, 
for  the  preservation  of  the  Union  for  all  time  to  come, 
should  be  extended  over  a  fair  period  for  redemption ; 
and  it  is  the  duty  of  Congress  to  reduce  the  rate  of  in 
terest  thereon,  whenever  it  can.  be  honestly  done. 

"  6.  That  the  best  policy  to  diminish  our  burden 
of  debt  is  to  so  improve  our  credit  that  capitalists  will 
seek  to  loan  us  money  at  lower  rates  of  interest  than 
we  now  pay,  and  must  continue  to  pay,  so  long  as  re 
pudiation,  partial  or  total,  open  or  covert,  is  threat 
ened  or  suspected. 

"  7.  The  Government  of  the  United  States  should  be 
administered  with  the  strictest  economy,  and  the  corrup 
tions  which  have  been  so  shamefully  nursed  and  fos 
tered  by  Andrew  Johnson  call  loudly  for  radical  reform. 

"  8.  We    professedly    deplore  the   untimely    and 


236  LIFE    OF   SCHUYLER   COLFAX. 

tragic  death  of  Abraham  Lincoln,  and  regret  the  ac 
cession  of  Andrew  Johnson  to  the  Presidency,  who  has 
acted  treacherously  to  the  people  who  elected  him,  and 
the  cause  he  was  pledged  to  support ;  who  has  usurped 
high  legislative  and  judicial  functions  ;  who  has  refused 
to  execute  the  laws ;  who  has  used  his  high  office  to  in 
duce  other  officers  to  ignore  and  violate  the  laws ;  who 
has  employed  his  executive  powers  to  render  insecure 
the  property,  the  peace,  liberty  and  life  of  the  citizen  ; 
who  has  abused  the  pardoning  power ;  who  has  de 
nounced  the  National  Legislature  as  unconstitutional ; 
who  has  persistently  and  corruptly  resisted,  by  every 
measure  in  his  power,  every  proper  attempt  at  the  re 
construction  of  the  States  lately  in  rebellion  ;  who  has 
perverted  the  public  patronage  into  an  engine  of  whole 
sale  corruption,  and  who  has  been  justly  impeached 
for  high  crimes  and  misdemeanors,  and  properly 
pronounced  guilty  thereof  by  the  vote  of  35  Senators. 
"9.  The  doctrine  of  Great  Britain  and  other  Eu 
ropean  powers,  that  because  a  man  is  once  a  subject 
he  is  always  so,  must  be  resisted  at  every  hazard  by 
the  United  States,  as  a  relic  of  the  feudal  times,  not 
authorized  by  the  law  of  nations,  and  at  war  with  our 
national  honor  and  independence.  Naturalized  citizens 
are  entitled  to  be  protected  in  all  their  rights  of  citizen 
ship  as  though  they  were  native  born,  and  no  citizen 
of  the  United  States,  native  or  naturalized,  must  be 
liable  to  arrest  and  imprisonment  by  any  foreign 
power  for  acts  done  or  words  spoken  in  this  coun 
try  ;  and  if  so  arrested  and  imprisoned,  it  is  the  duty 
of  the  Government  to  interfere  in  his  behalf. 


THE    CHICAGO    CONVENTION.  237 

"  10.  Of  all  who  were  faithful  in  the  trials  of 
the  late  war.  there  were  none  entitled  to  more  especial 
honor  than  the  brave  soldiers  and  seamen  who  en 
dured  the  hardships  of  campaign  and  cruise  and  im 
perilled  their  lives  in  the  service  of  the  country  ;  the 
bounties  and  pensions  provided  by  the  laws  for  these 
brave  defenders  of  the  nation  are  obligations  never 
to  be  forgotten ;  the  widows  and  orphans  of  the  gal 
lant  dead  are  the  wards  of  the  people,  a  sacred  leg 
acy  bequeathed  to  the  nation's  protecting  care. 

u  11.  Foreign  emigration — which  in  the  past  has 
added  so  much  to  the  wealth,  development  and  re 
sources  and  increase  of  power  to  this  nation,  the 
asylum  of  the  oppressed  of  all  nations — should  be 
fostered  and  encouraged  by  liberal  and  just  policy. 

"  12.  This  Convention  declares  itself  in  sympathy 
with  all  the  oppressed  people  which  are  struggling  for 
their  rights." 

After  the  adoption  of  the  Platform,  the  Convention 
proceeded  to  the  choice  of  a  candidate  for  the  Presidency, 
and  the  illustrious  soldier,  General  Ulysses  S.  Grant, 
was  nominated  by  acclamation. 

It  then  became  necessary  to  ballot  for  the  can 
didate  for  the  Vice-Presidency. 

The  correspondent  of  the  New  York  Iribune  thus 
describes  the  balloting : 

"  After  a  new  campaign  song  from  a  quartette  club, 
a  delegate  moved  that  the  Convention  proceed  to  select 
a  candidate  for  the  Vice-Presidency.  This  was  the 
signal  for  work,  and  it  was  begun  without  delay.  A 
delegate  from  Virginia  rose  and  placed  in  nomina- 


238  LIFE   OF   SCHUYLER   COLFAX. 

tion  Senator  Henry  Wilson,  of  Massachusetts.  The 
nomination  was  received  with  applause,  and  before 
Massachusetts  could  get  an  opportunity  to  second  the 
nomination  of  her  favorite  son,  Mr.  Brown,  a  dele 
gate  from  Allegheny,  Penn.,  rose  and  nominated 
Schuyler  Colfax.  He  said  that  his  delegation  had 
been  instructed  by  the  State  Convention  to  support 
Andrew  Curtin,  but  that  he  could  not,  for  the  con 
stituency  which  he  represented,  who  never  gave  less 
than  10,000  Republican  majority,  had  indicated  their 
first  and  last  choice  to  be  that  true  and  upright  Re 
publican,  Schuyler  Colfax.  This  was  the  occasion  of 
some  confusion  ;  it  apparently  took  every  body  but  the 
Pennsylvania  delegates  by  surprise.  Order  was  soon 
restored,  however,  by  the  excellent  management  of 
President  Hawley,  who,  by  the  way,  has  filled  the 
position  most  creditably.  The  nomination  of  Colfax 
by  Brown  was  not  according  to  the  plan  prescribed 
by  his  friends ;  and,  when  order  had  been  restored, 
ex- Senator  Lane,  of  Indiana,  rose,  and  in  a  most  eu 
logistic  speech  of  ten  minutes  formally  nominated  Mr. 
Colfax,  as  the  choice  of  his  native  State,  Indiana. 
New  Jersey  joyfully  seconded  the  nomination.  It  was 
observable  at  this  time  that  a  large  majority  of  the 
multitude  in  the  house  were  evidently  the  friends  and 
admirers  of  Mr.  Colfax.  Benjamin  F.  Wade  was 
nominated,  and  his  name  drew  forth  the  applause  of 
the  whole  house.  Cheers  were  three  times  given  for 
c  Honest  Ben  Wade.1  If  Trumbull,  Grimes,  Fessen- 
den  &  Co.  could  have  been  in  the  Convention  to  hear 
these  cheers,  they  would  have  seen  where  the  Re- 


SCENE   IN   THE    CONVENTION.  239 

publican  party  stands,  and  how  Republicans  feel  on 
impeachment.  Carl  Schurz,  on  behalf  of  Missouri, 
seconded  Mr.  Wade's  nomination,  and  Mr.  Spalding, 
of  Ohio,  followed  with  a  remark  that  it  was  the  first 
time  on  record,  since  the  formation  of  the  Repub 
lican  party,  that  Ohio  was  unanimous  in  a  National 
Convention.  Next  came  New  York.  The  Hon.  Ly- 
man  Tremaine  rose,  and,  in  a  most  eloquent  and  lau 
datory  speech,  nominated  Gov.  Fenton,  of  New  York. 
The  nomination  was  seconded  by  Louisiana  and  a  por 
tion  of  Illinois,  and  was  received  with  enthusiasm. 
James  Speed,  of  Kentucky,  A.  G.  Curtin,  of  Penn 
sylvania,  Hannibal  Hamlin,  of  Maine,  Senator  Har- 
lan,  of  Iowa,  Senator  Pomeroy,  of  Kansas,  ex-Senator 
Cresswell,  of  Maryland,  and  John  D.  Kelly,  of  Penn 
sylvania,  were  also  placed  on  nomination,  out  of  com 
pliment  only.  The  speeches  accompanying  these  nomi 
nations  consumed  a  deal  of  time,  and  many  of  the 
delegates,  impatient  for  a  ballot,  began  to  cry  down  the 
orators.  Just  before  the  nominations  were  closed,  Gen 
eral  Sickles  supported  the  nomination  of  Gov.  Fen- 
ton  in  strong  terms.  In  the  course  of  his  remarks  he 
had  occasion  to  mention  the  name  of  Edwin  M.  Stan- 
ton,  which  was  received  with  tremendous  applause. 
The  first  ballot  was  taken  amid  much  excitement,  the 
deepest  interest  being  manifested  by  the  friends  and 
admirers  of  the  various  candidates.  As  each  State  an 
nounced  its  choice,  cheers  followed.  The  first  ballot 
was  announced,  and  stood  thus  : 

Wade, 149 

Fenton, 132 


240  LIFE   OF   SCHUYLER   CQLFAX. 

Wilson,  v  *  >;^f 119 

Colfax, 1^  ;.     .    -118 

Curtin,  ...........  L*       52 

Hamlin,     .     .     .     .     .     .     ..   ,.  .  *  ;^,      28 

Speed, .'i  ,'•";.'     22 

And  several  scattering. 

u  No  choice  having  been  effected,  an  effort  was  made 
to  adjourn,  but  it  seemed  to  be  the  almost  unanimous 
desire  to  go  on  and  finish  the  work.  It  took  15  min 
utes  to  count  the  vote,  during  which  time  the  floor 
on  which  the  delegates  sat  was  a  very  lively  scene. 
Each  candidate  had  shown  his  primary  strength,  and 
his  friends  seemed  anxious  to  improve  it.  It  was  ex 
pected  that  Wade  would  stand  fire,  but  Fenton's  being 
second  astonished  his  most  sanguine  friends.  They 
were  surprised  at  the  popularity  of  their  candidate ; 
it  filled  them  with  renewed  energy,  and  inspired  them 
to  make  a  strong  effort  again.  A  second  ballot  was 
taken  which  varied  little  from  the  first,  with  the  ex 
ception  that  those  candidates  who  were  nominated 
merely  out  of  compliment  were  withdrawn,  and  the 
strength  of  all  the  regular  candidates  was  more  clearly 
shown.  Wade  came  out  first,  Fen  ton  second,  Colfax 
third,  Wilson  fourth,  Curtin  fifth,  and  Hainlin  last. 
Colfax^s  increase  inspired  his  friends,  but  they  did  not 
seem  to  care  to  work,  evidently  depending  on  the 
national  popularity  of  their  candidate  to  carry  him 
through.  The  friends  of  the  other  candidates,  how 
ever,  thought  it  necessary  to  work  if  they  would 
succeed,  and  they  did.  The  scene  in  the  interim  of 
counting  the  vote  reminded  one  of  Wall-st.  during  the 


. 

SCENE   IN   THE   CONVENTION.  241 

excitements  in  gold  speculations  in  war  times.  The 
canvassing  and  wire-pulling  were  kept  up  with  the 
fiercest  spirit,  and  each  count  was  looked  forward  to 
with  the  most  nervous  interest.  The  third  count 
showed  that  while  Wade  and  Fenton  varied  very  little 
Colfax  gained  steadily.  On  the  fourth  ballot  Penn 
sylvania  dropped  Curtin  and  threw  the  majority  of  her 
vote  for  Wade.  This  sent  Wade  stock  up  above  par ; 
but  the  final  count  showed  Colfax  to  be  steadily 
gaining. 

"  I  forgot  to  mention  that  on  the  second  ballot  four 
men  of  the  Ohio  delegation  broke  from  Wade  and  went 
over  to  Colfax.  This  foreshadowed  his  defeat.  On 
the  third  ballot  one  more  vote  of  Ohio  went  from 
Wade  to  Colfax.  In  the  fourth,  still  another.  At  the 
end  of  the  fourth  ballot  it  became  evident  that  some  one  of 
the  candidates  must  be  dropped,  or  that  they  might  keep 
on  balloting  until  doomsday.  Accordingly,  after  15 
minutes  of  the  most  exciting  canvass  and  comparison 
of  notes  among  the  delegates,  the  fifth  ballot  was 
begun.  Before  the  ballot  was  announced  it  was  known 
that  Wade  and  Colfax  were  close  together — the  latter 
leading  by  but  few  votes.  This  was  on  account  of  the 
action  of  the  Pennsylvania  delegation,  which  turned  a 
complete  summerset  from  the  support  of  the  Senator 
to  the  support  of  the  Speaker.  There  it  was  seen  by 
the  friends  of  both  Wade  and  Colfax  that  a  little  bold 
dash  might  carry  their  candidates  through  with  a 
rush.  The  Colfax  men  had  the  best  of  the  fight. 
They  had  several  solid  delegations  for  their  favorite, 
while  Ohio  was  divided.  The  friends  of  the  Speaker 
16 


242  LIFE   OF  SCHUYLEB   COLFAX. 

of  the  House  appealed  to  Iowa  to  go  solid  for  their 
favorite,  and  the  Chairman  of  that  delegation  jumped 
on  his  feet  and,  just  on  the  eve  of  announcing  the 
result  of  the  ballot,  he  desired  the  privilege  of  changing 
the  vote  of  Iowa.  The  privilege  was  accorded  him, 
and  while  the  delegates  held  their  breath  in  expecta 
tion,  he  announced  that  Iowa  voted  solid  for  Schuyler 
Colfax! 

uThis  "was  enough.  Two- thirds  of  the  audience 
rose  and  cheered  and  swung  their  hats  several  minutes, 
while  Mr.  Wade's  friends  saw  that  a  flood  was  coming 
on  which  would  soon  engulf  all  other  candidates,  but 
Indiana's  favorite  son.  The  effect  of  Iowa's  action 
was  electric.  Pennsylvania,  whose  politicians  are  al 
ways  on  the  winning  side,  announced  through  Mr. 
McClure  that  the  Keystone  State  would  also  vote  solid 
for  Mr.  Colfax.  Then  it  was  evident  that  no  human 
power  could  keep  the  nomination  from  Colfax,  and  the 
different  delegations  began  to  scramble  to  see  who 
would  be  first  in  line  on  the  winning  side.  Louisiana 
followed,  then  came  Massachusetts,  District  of  Colum 
bia,  Tennessee,  Kentucky,  South  Carolina,  and  Florida. 
Then  Maine,  like  Massachusetts,  abandoned  its  favorite 
to  whom  she  had  faithfully  adhered,  and  gave  her  vote 
to  Mr.  Colfax.  Minnesota  joined  hands  with  her,  and 
Michigan  folio  wed.  Then  the  Wade  men  in  Ohio, 
seeing  that  all  was  lost,  authorized  Mr.  Jones,  chair 
man  of  their  delegation,  to  cast  the  vote  of  the  State 
for  Colfax,  and  after  he  had  fulfilled  his  mission  he 
strove  to  have  the  nomination  made  unanimous ;  but 
there  was  so  much  opposition  from  the  delegations 


NOMINATED   FOR   VICE-PRESIDENT.  243 

which  had  not  fallen  into  line  that  he  withdrew  the 
motion.  Mississippi  followed  the  example  of  the 
others,  and  Virginia  and  California  did  likewise. 

"All  this  while  the  chairman  of  the  Maryland 
delegation,  and  ex-Gov.  Brown,  chairman  of  the  Geor 
gia  delegation,  were  clamoring  loudly  to  be  recognized, 
and  at  this  stage  they  were  noticed,  and  they,  too — the 
whole  Convention,  meantime,  cheering — cast  solid 
votes  for  Colfax.  North  Carolina,  New  Hampshire, 
Nebraska,  Kansas,  Arkansas,  Texas,  Missouri,  Dela 
ware,  fell  into  line.  Then  New  York  was  vehemently 
called  for  by  the  audience ;  but  the  chairman  and  asso 
ciates  sullenly  held  their  seats  and  refused  to  be  co 
erced  by  any  outside  pressure.  During  the  excitement, 
West  Virginia  and  Nevada  followed  the  States  above- 
named;  then  Illinois  was  appealed  to,  but  her  chair 
man  failed  to  respond,  and  the  audience  became  impa 
tient,  and  an  appeal  was  made  by  nearly  the  whole 
audience  to  Gen.  Sickles  to  second  New  York's  vote 
for  Colfax ;  but  Gen.  Sickles  heeded  it  not.  He  was 
too  old  a  veteran  in  convention  matters  to  be  led  away 
at  an  improper  time.  Gen.  Logan  appeased  the  impa 
tience  of  the  audience  by  casting  the  votes  of  Illinois 
solid  for  Mr.  Colfax. 

uThen  Gen.  Cochrane  jumped  to  the  floor  and  de 
manded  that  the  ballot  be  read.  This  was  done,  and 
it  was  found  that  out  of  650  votes  cast,  Colfax  had 
522,  thus  : 

Colfax, 522 

Fenton, •    .       75 


244  LIFE   OF  SCHUYLER   COLFAX. 

Wade, ,,.-    42 

Wilson,      .     . ,',:,'*      11 

Total,  .......  .V    .    .     650 

"  As  the  Clerk  read  65  for  Fenton,  instead  of  75, 
Gen.  Sickles  took  the  floor,  and  demanded  that  the 
error  be  corrected.  'Twas  done,  and,  at  the  same  time, 
Mr.  Jones,  of  the  Ohio  delegation,  sought  to  be  recog 
nized,  so  that  he  might  move  to  make  the  nomination 
unanimous ;  but  the  Convention  drowned  his  appeals, 
and  called  upon  Gen.  Sickles  to  perform  that  duty. 
The  Chair  recognized  him,  and  he  made  a  motion  that 
the  nomination  be  made  unanimous.  Ohio  seconded 
it,  and  the  Convention  made  it  unanimous,  with  three 
rousing  cheers,  followed  by  three  for  Fenton,  three  for 
Wade,  three  for  Sickles,  and  three  for  New  York,  and 
finally  three  for  Ben.  Wade,  and  three  for  the  ticket. 
The  enthusiasm  was  indescribable. 

"After  this,  the  National  Executive  Committee 
was  announced,  and  the  Convention  then  adjourned. 
The  result  of  the  contest  is  a  surprise  to  almost  every 
one.  Colfax's  friends  had  not  been  working  with  as 
much  noise  and  zeal  as  was  expected  of  them.  Both 
last  night  and  this  morning  it  was  conceded  by  nearly 
every  one  that  the  contest  was  really  between  Fenton 
and  Wade,  and  when  the  first  ballot  was  taken  the  im 
pression  was  unchanged ;  but  if  the  majority  of  the 
delegations  were  not  for  him,  the  masses  who  were 
looking  on  were. 

"  Every  time  his  name  was  mentioned  the  enthusi- 


SCENE   IN   THE   SPEAKER^   BOOM.  245 

asm  was  greater  than  for  any  other  candidate,  and  this 
did  as  much  as  any  thing  to  effect  the  result." 

Mr.  Colfax  remained  in  Washington  during  the 
session  of  the  Convention.  On  the  day  of  the  nomina 
tions,  a  large  company  of  his  friends  gathered  in  the 
Speaker's  Room,  in  the  Capitol,  where  dispatches  were 
being  constantly  received  from  the  Convention.  The 
result  of  the  ballot  for  Vice-President  was  first 
announced  by  the  following  despatch  from  the  Super 
intendent  of  the  "Western  Union  Telegraph  Company, 
to  Mr.  Colfax: 

"Accept  my  warmest  congratulations  upon  your 
nomination  for  Vice-President  on  the  fifth,  ballot. 
Ballot  declared  amid  the  wildest  enthusiasm  and  evi 
dence  of  universal  satisfaction. 

Signed,  WM.  M.  ORTON." 

Mr.  Colfax  sent  the  following  reply : 

"  Thanks  for  the  many  telegrams  you  have  sent  me 
to-day.  The  expression  of  confidence  in  me  by  the 
party  I  love  so  well,  fills  me  with  gratitude  which  feeble 
words  are  unable  to  express. 

Signed,  SCHUYLER  COLFAX." 

•"  On  receipt  of  this  despatch  the  room  rang  with 
cheers,  which  were  again  and  again  repeated.  Mr. 
Colfax  was  congratulated  by  the  entire  company,  and 
the  scene  hereafter  may  be  imagined.  Telegrams  now 
came  pouring  in  on  him  from  all  quarters,  which  it 
was  utterly  impossible  to  answer.  The  room  was 
thronged  by  visitors,  all  eager  to  shake  his  hand,  and 


246  LIFE   OP  SCHUYLER   COLFAX. 

at  one  time  it  looked  as  though  escape  from  his  thou 
sand  admirers  was  an  utter  impossibility.  Democrats 
and  Republicans,  Wade  men  and  Wilson  men,  all 
beset  him,  and  the  expression  of  hearty  good  wishes 
and  good  will  has  seldom  been  equalled.  As  he  was 
leaving  the  room  the  employes  of  the  Capitol  gathered 
around  him  in  the  most  affectionate  manner  and  ten 
dered  him  their  regards.  Walking  through  the  Capi 
tol  grounds,  he  was  stopped  by  citizens  who  had  never 
spoken  to  him  before,  but  to  whom  his  features  were 
familiar,  and  they  rushed  up  to  him  and  shook  him  by 
the  hand.  His  progress  up  the  avenue  was  indeed  an 
ovation.  No  man  has  recently  been  the  recipient  of 
more  hearty  and  soul-felt  good  wishes  than  the  next 
Vice-President  of  this  Republic.  The  choice  of  the 
Convention  for  the  first  and  second  positions  in  the  gift 
of  the  people,  was  everywhere  approved  by  Republicans, 
and  even  Democrats  conceded  the  wisdom  of  the  nom 
inations. 

"  The  Senate  was  in  session  until  4  o'clock.  The 
despatches  from  Chicago  were  duplicated  to  Mr.  Stari- 
ton,  Mr.  Colfax,  Mr.  Wade,  and  Gen.  Grant.  The 
telegrams  were  sent  to  Mr.  Wade  while  he  was  presid 
ing  over  the  Senate.  Senators,  as  soon  as  a  messenger 
entered,  went  to  Mr.  Wade's  desk,  and  looked  over  the 
despatches  as  they  were  received.  Mr.  Wade,  after 
the  adjournment,  spent  a  few  moments  in  the  Vice- 
President's  room,  where  the  telegrams  were  pouring  in 
every  ten  minutes.  After  spending  half  an  hour  there 
he  went  to  his  rooms  at  the  Washington  House,  accom 
panied  by  Senators  Pomeroy,  Yates,  and  others.  He 


REJOICINGS   AT   THE   CAPITAL.  247 

was  waited  on  at  his  rooms  by  several  personal  friends. 
Mr.  Wade  manifested  entire  indifference.  He  never 
looked  at  a  despatch,  but  handed  it  to  his  Secretary  to 
read.  When  the  result  of  the  third  ballot  was  an 
nounced  he  was  in  good  spirits,  and  began  to  take  in 
terest  in  the  result ;  but  when  the  last  telegram  was 
received,  announcing  the  nomination  of  Mr.  Colfax, 
Mr.  Wade  said :  '  Well,  I  guess  it  will  be  all  right ;  he 
deserves  it,  and  he  will  be  a  good  presiding  officer.1"* 

That  evening  an  informal  reception  was  held  at  the 
house  of  Mr.  Colfax,  when  he  received  the  hearty  con 
gratulations  of  his  friends  in  the  city.  Many  of  the 
Democratic  members  of  the  House  were  present  to 
assure  him  of  their  warm  esteem,  and  their  hearty  satis 
faction  at  the  honor  conferred  upon  him  by  his  party. 

On  the  evening  of  the  29th  of  May,  a  brilliant 
assembly  gathered  at  the  residence  of  General  Grant 
in  Washington  City,  to  make  a  formal  tender  of  the 
Chicago  nominations  to  General  Grant  and  Mr.  Colfax. 
At  a  little  after  eight  o'clock  the  Committee  appointed 
by  the  Convention  entered,  headed  by  their  Chairman, 
General  Hawley,  the  President  of  the  Convention. 
Approaching  General  Grant  and  Mr.  Colfax,  who  were 
standing  side  by  side  in  the  centre  of  the  room,  General 
Hawley,  in  an  eloquent  address,  made  a  formal  tender 
to  the  former  of  the  nomination  of  the  Republican  party 
for  the  Presidency,  which  was  accepted  by  the  General 
in  a  few  fitting  and  well-chosen  words.  Then  turning 
to  Mr.  Colfax,  General  Hawley  said : 

"  You  have  heard  our  declaration  of  principles  at 

*  Correspondence  of  the  New  York  Tribune. 


248  LIFE    OF   SCHUYLER   COLFAX. 

Chicago,  and  therefore  I  need  not  repeat  it.  You  are 
aware  that  numerous  candidates  for  the  Vice-Presi 
dency  were  presented.  They  were  all  loved  and  re 
spected,  and  your  selection  was  brought  about  by  the 
good  will  and  friendship  entertained  for  yourself.  You 
are  known  to  the  American  people  by  fourteen  years 
of  public  service.  We  know  you  come  from  the  peo 
ple,  and  without  false  pretence  you  are  faithful  to  prin 
ciple.  The  Convention  tenders  you  the  nomination  of 
Vice-President  and  asks  your  acceptance.  [Applause.]  " 
To  this  Mr.  Colfax  replied  :—u  Mr.  President 
Hawley  and  gentlemen — History  has  already  pro 
claimed  that  the  victories  of  the  party  you  represent 
during  the  recent  war  always  give  increased  hope  and 
confidence  to  the  nation,  while  its  reverses  and  .defeats 
ever  increased  the  national  peril.  It  is  no  light  tribute, 
therefore,  to  the  millions  of  Republicans  in  the  forty- 
two  States  and  Territories  represented  in  the  Chicago 
Convention  that  our  organization  has  been  so  insepa 
rably  interwoven  with  the  best  interests  of  the  Republic 
that  the  triumphs  and  reverses  of  the  one  have  been 
the  triumphs  and  reverses  of  the  other.  Since  the 
General  of  our  armies  with  his  heroic  followers  crushed 
the  rebellion,  the  key  note  of  its  policy,  that  loyalty 
should  govern  what  loyalty  has  preserved,  has  been 
worthy  of  its  honored  record  in  the  war.  Cordially 
agreeing  with  the  platform  adopted  by  its  National 
Convention,  and  the  resolutions  thereto  attached,  I 
accept  the  nomination  with  which  I  have  been  honored, 
and  will  hereafter  communicate  that  acceptance  to  you 
in  the  more  formal  manner  that  usage  requires." 


LETTER   OF   ACCEPTANCE.  249 

Earlier  in  the  afternoon  of  the  same  day,  Mr.  Col- 
fax  was  waited  on  at  his  residence,  by  a  Committee 
from  the  Soldiers  and  Sailors'  Convention,  and  in 
formed  of  his  nomination,  by  that  body,  for  the  Vice- 
Presidency  on  the  ticket  with  General  Grant.  This 
was  not  a  new  nomination,  but  an  endorsement  by  that 
Convention  of  the  Republican  nominations.  Mr.  Col- 
fax  briefly  thanked  the  Committee  for  the  honor  done 
him,  and  accepted  the  nomination. 

After  retiring  to  his  residence  that  night,  at  the  close 
of  the  reception  at  General  Grant's,  Mr.  Colfax  pre 
pared  the  following  formal  letter  of  acceptance,  which 
was  at  once  forwarded  to  General  Hawley  and  the 
Committee : 

"  Hon.   J.  B.    HAWLEY,   President  of  the  National 
Union  Republican  Convention. 

"DEAR  SIR:  The  platform  adopted  by  the  patri 
otic  Convention  over  which  you  presided  and  the  reso 
lutions  which  so  happily  supplement  it,  so  entirely 
agree  with  my  views  as  to  a  just  national  policy,  that 
my  thanks  are  due  to  the  Delegates  as  much  for 
this  clear  and  auspicious  declaration  of  principles  as 
for  the  nomination  with  which  I  have  been  honored, 
and  which  I  gratefully  accept.  When  a  great  Rebel 
lion,  which  imperilled  the  national  existence,  was  at 
last  overthrown,  the  duty,  of  all  others,  devolving  on 
those  intrusted  with  the  reponsibilities  of  legislation, 
evidently  was  to  require  that  the  revolted  States  should 
be  readmitted  to  participation  in  the  Government 
against  which  they  had  erred,  only  on  such  a  basis  as 


250  LIFE   OF   SCHUYLER   COLFAX. 

to  increase  and  fortify,  not  to  weaken  or  endanger,  the 
strength  and  power  of  the  nation.  Certainly  no  one 
ought  to  have  claimed  that  they  should  be  readmitted 
under  such  rule  that  their  organization  as  States  could 
ever  again  be  used,  as  at  the  opening  of  the  war,  to 
defy  the  national  authority  or  to  destroy  the  national 
unity.  This  principle  has  been  the  pole-star  of  those 
who  have  inflexibly  insisted  on  the  Congressional 
policy  your  Convention  so  cordially  indorsed.  Baf 
fled  by  Executive  opposition,  and  by  persistent  refusals 
to  accept  any  plan  of  reconstruction  proffered  by  Con 
gress,  justice  and  public  safety  at  last  combined  to 
teach  us  that  only  by  an  enlargement  of  suffrage  in 
those  States  could  the  desired  end  be  attained,  and 
that  it  was  even  more  safe  to  give  the  ballot  to  those 
who  loved  the  Union  than  to  those  who  had  sought 
ineffectually  to  destroy  it.  The  assured  success  of  this 
legislation  is  being  written  on  the  adamant  of  history, 
and  will  be  our  triumphant  vindication.  More  clearly, 
too,  than  ever  before,  does  the  nation  now  recognize 
that  the  greatest  glory  of  a  republic  is  that  it  throws  the 
shield  of  its  protection  over  the  humblest  and  weakest 
of  its  people,  and  vindicates  the  rights  of  the  poor  and 
the  powerless  as  faithfully  as  those  of  the  rich  and  the 
powerful.  I  rejoice,  too,  in  this  connection,  to  find  in 
your  platform  the  frank  and  fearless  avowal  that  natu 
ralized  citizen's  must  be  protected  abroad  at  every  haz 
ard,  as  though  they  were  native-born.  Our  whole 
people  are  foreigners,  or  descendants  of  foreigners  ;  our 
fathers  established  by  arms  their  right  to  be  called  a 
natron.  It  remains  for  us  to  establish  the  right  to  wel- 


LETTER   OF   ACCEPTANCE.  251 

come  to  our  shores  all  who  are  willing,  by  oaths  of  al 
legiance,  to  become  American  citizens.  Perpetual  al 
legiance,  as  claimed  abroad,  is  only  another  name  for 
perpetual  bondage,  and  would  make  all  slaves  to  the 
soil  where  first  they  saw  the  light.  Our  national  cem 
eteries  prove  how  faithfully  these  oaths  of  fidelity  to 
their  adopted  land  have  been  sealed  in  the  life-blood 
of  thousands  upon  thousands.  Should  we  not,  then, 
be  faithless  to  the  dead  if  we  did  not  protect  their  liv 
ing  brethren  in  the  full  enjoyment  of  that  nationality 
for  which,  side  by  side  with  the  native-born,  our  soldiers 
of  foreign  birth  laid  down  their  lives.  It  was  fitting, 
too,  that  the  representatives  of  a  party  which  had  prov 
ed  so  true  to  national  duty  in  time  of  war,  should 
speak  so  clearly  in  time  of  peace  for  the  maintenance 
untarnished  of  the  national  honor,  national  credit  and 
good  faith  as  regards  its  debt,  the  cost  of  our  national 
existence.  I  do  not  need  to  extend  this  reply  by  fur 
ther  comment  on  a  platform  which  has  elicited  such 
hearty  approval  throughout  the  land.  The  debt  of 
gratitude  it  acknowledges  to  the  brave  men  who  saved 
the  Union  from  destruction,  the  frank  approval  of  am 
nesty  based  on  repentance  and  loyalty,  the  demand  foi 
the  most  thorough  economy  and  honesty  in  the  Gov 
ernment,  the  sympathy  of  the  party  of  liberty  with 
all  throughout  the  world  who  longed  for  the  liberty 
we  here  enjoy,  and  the  recognition  of  the  sublime 
principles  of  the  Declaration  of  Independence,  are 
worthy  of  the  organization  on  whose  banners  they 
are  to  be  written  in  the  coining  contest.  Its  past 
record  cannot  be  blotted  out  or  forgotten.  If  there 


252  LIFE   OF   SCHUYLER   COLFAX. 

had  been  no  Republican  party,  Slavery  would  to 
day  cast  its  baleful  shadow  over  the  republic.  If  there 
had  been  no  Republican  party,  a  free  press,  and  free 
speech  would  be  as  unknown  from  the  Potomac  to  the 
Rio  Grande  as  ten  years  ago.  If  the  Republican 
party  could  have  been  stricken  from  existence  when 
the  banner  of  rebellion  was  unfurled,  and  when 
the  response  of  "  No  Coercion "  was  heard  at  the 
North,  we  would  have  had  no  nation  to-day.  But 
for  the  Republican  party  daring  to  risk  the  odium 
of  tax  and  draft  laws,  our  flag  could  not  have  been 
kept  flying  in  the  field  until  the  long-hoped-for  vic 
tory  came.  Without  a  Republican  party  the  Civil 
Rights  bill — the  guarantee  of  equality  under  the  law 
to  the  humble,  and  the  defenceless,  as  well  as  to  the 
strong — would  not  be  to-day  upon  our  national  stat 
ute-book.  With  such  inspiration  from  the  past,  and 
following  the  example  of  the  founders  of  the  Repub 
lic,  who  called  the  victorious  General  of  the  Rev 
olution  to  preside  over  the  land  his  triumphs  had 
saved  from  its  enemies,  I  cannot  doubt  that  our  la 
bors  will  be  crowned  with  success ;  and  it  will  be  a 
success  that  shall  bring  restored  hope,  confidence,  pros 
perity  and  progress,  South  as  well  as  North,  West 
as  well  as  East,  and  above  all,  the  blessings  under 
Providence  of  national  concord  and  peace. 
"  Very  truly  yours, 

"ScHUYLEK  COLFAX.  " 

Mr.  Colfax  is  just  in  the  prime  of  life — being  now 
in  his  forty-sixth  year — arid  in  the  meridian  of  his 


PERSONAL   SKETCH.  253 

fame.  In  person,  he  is  about  five  feet  six  inches  high, 
and  is  inclined  to  be  stout,  weighing  over  one  hundred 
and  forty  pounds.  His  hair  is  brown,  and  is  beginning 
to  be  sprinkled  with  gray.  His  eyes  are  a  light  blue, 
and  his  features  large  and  intellectual.  His  general 
expression  is  one  of  great  amiability,  mingled  with  a 
more  than  usual  amount  of  energy  and  firmness.  He 
has  no  "bad  habits,"  as  they  are  called,  unless  some 
over-rigid  persons  may  so  style  his  love  for  a  good  cigar. 
He  is  easily  approachable,  and  polite  and  obliging  to 
all  His  industry  is  untiring.  He  is  never  idle,  but 
is  always  working  with  his  brain  or  his  hands.  He  is 
the  idol  of  his  district,  and  is  the  most  popular  Speakei 
the  House  has  had  since  the  days  of  Henry  Clay.  His 
friends  love  him  devotedly,  and  his  political  adver 
saries — for  he  has  no  personal  enemies — respect  him 
thoroughly.  In  short,  he  is  a  man  in  every  way  fitted 
for  any  office  in  the  gift  of  the  Republic,  and  one  who 
would  do  honor  to  the  highest,  should  he  ever  be  called 
to  fill  it. 


APPENDIX 


APPENDIX, 


SPEECHES  OF  HON.  SCHUYLER  COLFAX. 


ON  THE  POSITION  OF  PARTIES. 

DELIVERED   IN   THE    HOUSE    OP   REPRESENTATIVES,    JANUARY 
19TH,   1856,  DURING   THE    CONTEST   FOR   SPEAKER. 

Mr.  Colfax. — As  there  is  no  proposition  pending 
before  the  House,  for  the  purpose  of  obtaining  a 
legitimate  right  to  the  floor,  I  move  to  rescind  the 
ten-minute  rule,  and  substitute  a  rule  limiting  debate 
to  five  minutes  in  its  stead. 

Mr.  Quitman. — Will  the  gentleman  allow  me  just  a 
word,  by  way  of  explanation  ? 

Mr.  Colfax. — If  it  does  not  come  out  of  my  time, 
with  pleasure. 

The  Clerk. — The  Clerk  must  consider  interruptions 
as  coming  out  of  the  gentleman's  ten  minutes. 

Mr.  Quitman. — I  only  desire  that  the  statement 
made  by  the  gentleman  from  Pennsylvania,  [Mr. 
Grow,]  that  this  want  of  organization — which  no  man 
17 


258  APPENDIX. 

regrets  more  deeply  than  myself — was  originated  in 
the  passage  of  the  Kansas  and  Nebraska  bill,  shall  not 
go  out  to  the  country  uncontradicted.  I  merely  wish 
that  the  eloquent  remarks  of  the  honorable  gentleman 
should  not  go  without  an  answer.  No,  Sir;  the  cause 
of  the  attitude  in  which  the  House  now  stands  lies  still 
further  back — it  lies  still  deeper ;  it  lies  in  the  agita 
tion  which  exists  in  the  country  upon  this  subject. 

Mr.  Colfax. — I  cannot  yield  longer.  Mr.  Clerk,  I 
wish  to  add  a  supplement  to  the  history  of  this 
celebrated  plurality  rule  of  1849,  which  was  discussed 
in  this  Hall  yesterday.  I  was  led  by  that  discussion 
to  an  examination  this  morning  of  that  eventful 
history,  and  I  have  before  me  some  additional  facts 
from  that  most  interesting  and  instructive  (and  some 
times  most  troublesome)  of  all  the  volumes  to  be  found 
in  the  Congressional  Library  —  the  Congressional 
Globe  ;  and  which  I  shall  strive  hurriedly  to  present  to 
gentlemen  on  the  other  side,  in  the  -few  minutes 
allowed  me  under  the  rule.  The  House  was  told 
yesterday  that  that  celebrated  plurality  rule  in  1849 
was  adopted  in  opposition  to  the  wishes  of  the  great 
body  of  the  Democratic  party  of  the  House,  and  that 
that  party  was  not  responsible  for  its  passage.  Now, 
Sir,  the  record  of  the  proceedings  of  the  House  during 
that  eventful  period  shows  that  no  less  than  nine 
distinct  propositions  were  offered  to  elect  by  plurality, 
of  which,  singular  as  it  may  seem,  eight  were  presented 
by  gentlemen  upon  the  Democratic  side  of  the  House, 
and  only  one  by  a  member  from  the  Whig  side  of 
the  House. 


APPENDIX.  259 

The  first  is  upon  page  5  of  the  Congressional  Globe 
of  that  session.  It  was  offered  by  Hon.  Andrew  John 
son,  then  a  Democratic  Representative  from  Tennessee, 
and  now  the  Democratic  Governor  of  that  State,  and 
reads  as  follows : 

"  Resolved,  That  if,  on  the  next  vote  of  the  House 
for  Speaker,  no  individual  shall  receive  a  majority  of 
all  the  votes  cast,  the  individual  receiving  a  plurality 
of  the  votes  shall  be  Speaker  of  the  House  of  Repre 
sentatives  for  the  present  session." 

And  he  supported  it  in  remarks,  from  which  the 
following  are  extracts : 

"  He  thought  the  demonstrations  which  had  been 
made  in  their  repeated  ineffectual  efforts  proved  most 
conclusively  that  they  could  not  elect  a  Speaker  by  a 
majority,  in  any  reasonable  length  of  time."  *  *  u  He 
had  no  other  purpose  than  to  enable  the  House  to  elect 
a  Speaker  and  proceed  with  the  business.  He  wanted 
a  Speaker  elected — either  a  Whig  or  a  Democrat. 
They  had  remained  blocked  long  enough,"  &c. 

The  resolution  was  premature,  Sir,  for  it  was  only 
the  third  day  of  the  session,  and  it  was  laid  on  the 
table  by  a  large  majority.  But  every  one  of  the  eleven 
members  who  voted  against  thus  killing  it  were  Demo 
crats,  headed  by  my  friend  from  Virginia,  [Mr.  Bo- 
cock,]  now  in  his  seat,  and  by  the  gentleman  from  Ten 
nessee  [Mr.  Savage]  over  the  way. 

The  second  proposition  was  by  Mr.  Stanton,  of 
Tennessee,  another  Democrat,  who,  on  page  6,  pro 
posed  to  confine  the  choice  to  the  four  highest  candi 
dates,  and,  on  the  next  ballot,  to  the  two  highest; 
which  was  also  laid»on  the  table. 


260  APPENDIX. 

The  third  proposition  was  on  the  14th  of  December, 
by  the  only  Whig  who  offered  the  plurality  during  the 
whole  contest— Mr.  Ashmun,  of  Massachusetts,  (see 
page  31 ;)  and  this  was  also  laid  upon  the  table. 

The  fourth  was  offered  by  Mr.  Kaufman,  the  distin 
guished  Democratic  Representative  from  Texas,  on  the 
17th  of  December  ;  and  as  it  is  a  modified  plurality, 
arranged  on  a  sliding  scale  as  it  were,  I  will  read  it  in 
full  from  page  37  of  the  Globe  : 

"  Resolved,  That  if  no  person  have  a  majority  of 
all  the  votes  cast  for  Speaker  on  the  next  ballot,  then 
upon  the  second  ballot  after  the  adoption  of  this  reso 
lution,  if  any  member  shall  receive  only  one  less  than 
a  majority  of  the  whole  number  of  votes,  he  shall  be 
declared  to  be  elected ;  and  if  no  person  be  elected 
Speaker  on  the  said  second  ballot,  then  upon  the  next, 
or  third  ballot,  if  any  member  shall  receive  only  two 
less  than  a  majority,  he  shall  be  declared  elected  ;  and 
so  on,  requiring  one  vote  less  to  elect  for  every  vote 
taken,  until  a  choice  of  Speaker  is  made/' 

This  met  with  no  better  fortune  than  its  predeces 
sors,  for  the  House  had  not  yet  given  up  all  hope  of 
electing  a  Speaker  by  a  majority  ;  and  it  was  soon  laid 
on  the  table. 

The  fifth  was  another  proposition,  similar  in  its 
character,  offered  the  next  day  by  the  same  Democratic 
member,  and  met  with  the  same  fate. 

The  sixth  was  another  proposition,  based  on  the 
Constitution,  of  which  we  hear  so  much,  and  which, 
if  right  then,  ought  certainly  to  be  equally  in  accord 
ance  with  the  spirit  of  that  revered  instrument  now. 


APPENDIX.  261 

It  was  offered,  Sir,  by  a  Democratic  member  from 
Tennessee,  [  Mr.  Savage,]  who  is  again  on  this  floor, 
but  voting  now  against  any  and  all  kinds  of  plurality 
rules : 

"Resolved,  That  if  the  House  fail  to  elect  a  Speaker 
during  ,the  present  day,  it  will,  upon  its  meeting  to 
morrow,  apply  to  its  proceedings,  as  far  as  practicable, 
the  principle  embodied  in  the  12th  article  of  the 
Amendments  to  the  Constitution  of  the  United  States, 
prescribing  the  mode  of  electing  a  President  and  Vice- 
President. 

"  Resolved,  That  the  House  will,  upon  the  calling 
of  the  roll,  cast  its  vote  for  Speaker ;  and  if  no  person 
shall  have  a  majority  of  all  the  votes,  then,  from 
the  persons  having  the  highest  numbers,  (not  exceed 
ing  three,  in  the  list  of  those  voted  for,)  the  House 
shall  proceed  to  choose  its  Speaker ;  and  if  the  three 
persons  on  the  last  vote  should  be  voted  for,  and 
neither  of  them  should  have  a  majority  of  all  the  votes, 
then  the  House  shall  choose  its  Speaker,  by  another 
vote,  from  the  two  highest  on  the  list." 

That  resolution,  drawn  in  its  spirit  from  the  Con 
stitution,  was  rejected ;  but  it  did  not  quench  the  zeal 
with  which  the  Democratic  members  of  that  day  per 
sisted  in  moving  that  celebrated  rule  which  the 
Democratic  members  of  this  House,  at  this  day,  so 
generally  conidemn  and  oppose. 

The  seventh  plurality  resolution  was  offered  by 
Mr.  Stan  ton,  of  Tennessee,  (Democrat,)  on  page  63,  on 
the  22d  of  December,  and  is  the  one  that  was  finally 
adopted. 


262  APPENDIX. 

But,  pending  its  consideration,  the  eighth  plurality 
resolution  was  proffered  by  Mr.  Meade,  a  Democratic 
member  from  Virginia,  to  confine  the  choice  to  the 
four  highest,  on  the  next  ballot  to  the  three  highest, 
and  on  the  next  to1  the  two  highest.  This,  too,  was 
rejected. 

And  the  ninth  plurality  resolution  was  offered  as 
an  amendment  by  Mr.  Kaufman,  the  Texas  Democratic 
member,  being  his  "sliding  scale,"  which  received  a 
large  Democratic  support,  but  was  also  rejected. 

Finally,  the  plurality  resolution  offered  by  Mr. 
Stanton  was  adopted  by  113  to  106 — a  majority  of  the 
affirmative  members  being  Whigs,  in  pursuance  of  the 
resolution  of  their  caucus,  publicly  declared  in  its  favor, 
but  plenty  of  Democratic  members  taking  care  to  vote 
for  it  to  insure  its  passage ;  arid  under  its  operation,  as 
was  generally  expected,  Mr.  Cobb,  of  Georgia,  (Demo 
crat),  was  elected  Speaker.  The  Whigs  voted  for  the 
rule  to  end  the  contest ;  though,  according  to  the  argu 
ment  against  it  now,  it  might  have  been  charged  (as  it 
was  not)  that,  in  doing  so,  they  voted  indirectly  for 
Mr.  Cobb. 

I  now  desire  to  call  the  attention  of  the  House  to- 
a  speech  made  by  Governor  Johnson,  in  favor  of  the 
plurality  rule,  which  will  be  found  on  page  33.  It,  is 
stated  that  he  proceeded  to  address  the  House  for  an 
hour  and  twenty  minutes,  and  his  speech  is  summed  up 
by  the  reporter  in  the  following  language : 

"He  expressed  the  satisfaction  he  felt  that  the 
proposition  which  had  been  introduced  by  the  gentle 
man  from  Massachusetts  [Mr.  Ashmun]  seemed  to  find 


APPENDIX.  263 

favor  with  the  House.  It  would  be  recollected  that  he 
had  himself  introduced  something  of  a  similar  proposi 
tion  last  week.  So  far  as  he  was  personally  concerned, 
he  was  anxious  to  see  an  organization  of  the  House  by 
the  election  of  Speaker  and  other  officers,  even  if  it 
could  be  effected  by  no  other  means  than  a  plurality 
vote.  He  had  no  particular  affection  for  his  own  propo 
sition.  If  it  was  right  in  itself,  and,  come  from  what 
quarter  it  might,  he  would  vote  for  it. 

"After  alluding  to  the  condition  of  parties  in  this 
House,  which  he  designated  as  triangular — and  having 
also  alluded,  passingly,  to  the  conspicuous  part  which 
the  gentleman  from  Ohio  [Mr.  Root]  had  taken  in  the 
debate  since  the  commencement  of  the'  session,  Mr.  J. 
proceeded  to  notice  the  denunciations  with  which  his 
own  proposition  had  been  received  the  other  day,  and 
to  vindicate  that  proposition  from  the  charge  that  it 
was  an  infringement  of  the  Constitution." 

How  fitly,  Sir,  do  his  remarks  in  regard  to  the 
necessity  of  an  organization,  and  the  triangular  nature 
of  the  contest,  apply  to  the  present 'condition  of  affairs ; 
and  the  remainder  of  his  speech,  in  which  he  denounces 
Mr.  Winthrop,  who,  on  the  ballot  immediately  preced 
ing  his  remarks,  had  a  plurality,  and  might  possibly 
have  been  elected  under  the  rule  then — going  so  far, 
indeed,  as  to  say  that  he  would  rather  vote  for  Mr. 
Giddings  than  Mr.  Winthrop,  shows  that  he  was  un 
willing  to  let  the  bitterest  political  or  personal  objec 
tion  to  a  candidate  restrain  him  from  what  he  consid 
ered  a  paramount  duty — the  organization  of  the  House. 

I  desire  now  to  draw  the  special  attention  of  the 


264  APPENDIX. 

House  to  a  speech  made  by  a  distinguished  gentleman, 
then  a  Representative  from  the  State  of  Mississippi, 
who  now  represents,  in  part,  that  State  in  the  other  end 
of  the  Capitol.  I  allude  to  Hon.  A.  G.  Brown.  But 
before  doing  so,  let  me  direct  attention  to  the  remarks, 
yesterday,  of  the  gentleman  from  Alabama,  [Mr.  Hous 
ton,]  when  he  says,  speaking  to  the  Republicans : 

"  You  have  a  majority  on  this  floor.  You  have 
power  to  elect,"  &c. 

Keeping  this  in  view,  and  though  it  is  not  correct 
in  point  of  fact,  that  we  have  a  working  anti-Nebraska 
majority  on  this  floor,  which  can  only  be  determined 
by  the  number  of  those  who  are  willing  to  act  together 
and  cooperate  as  a  political  party — but  admitting  it  for 
the  sake  of  argument,  hear  what  Mr.  Brown  said  in 
1849,  when  he  proposed  a  resolution  to  elect  Ho  well 
Cobb  Speaker.  It  will  be  found  on  pages  24  and  25 
of  the  Globe: 

"  Mr.  Brown  remarked,  that  he  had  been  induced 
to  offer  this  resolution  without  any  consultation  with 
his  political  friends,  and  without  having  given  the  re 
motest  intimation  to  his  friend  from  Georgia  [Mr. 
Cobb]  of  his  intention  of  so  doing,  as  he  was  sure  if 
he  had  intimated  his  intention  to  the  gentleman,  he 
would  have  been  denied  the  privilege  of  making  this 
motion.  He  was  sincerely  desirous  of  seeing* an  end 
put  to  these  protracted  votings  for  Speaker.  They  had 
been  engaged  in  this  unprofitable  business  for  nine  days, 
and  they  were  now  just  where  they  commenced  on  the 
first  morning  of  the  session.  Not  only  were  they  with 
out  a  Speaker,  but  without  a  candidate  for  Speaker. 


APPENDIX.  265 

It  was  well  known  that  the  political  party  to  which  he 
belonged  had  a  majority  in  this  House — impracticable, 
it  was  true,  but  still  a  majority ;  and  although  they 
had  heretofore  failed  to  concentrate  upon  any  candidate 
in  sufficient  force  to'  elect  him,  still  they  had  approxi 
mated  nearer  that  point  than  their  opponents  had. 
There  was  a  little  portion  of  the  Democratic  party  who 
refused  to  vote  with  the  great  majority  of  the  party; 
but  not  'only  was  there  a  like  portion  of  the  Whig  Free- 
Soilers  who  refuse  to  vote  with  the  large  body  of  their 
party,  but  a  portion  of  the  southern  Whigs  who  also 
refused  to  act  with  their  party.  Under  these  circum 
stances  it  must  be  apparent  to  every  one,  that  unless 
something  else  were  done  than  to  continue  these  party 
votings,  no  choice  at  all  of  Speaker  could  be  effected. 

"The  gentleman  proposed  in  that  resolution,  he 
believed  it  was  admitted  on  all  sides  of  the  House, 
presented  as  many  qualifications  for  the  office  as  any 
other  member  of  the  House.  That  he  was  eminently 
qualified  in  every  respect  was  admitted  by  his  political 
opponents,  whose  opposition  to  him  was  entirely  con 
fined  to  the  difference  of  their  political  opinions.  Being 
in  a  majority  in  the  House,  he  conceived  that  they  (the 
Democrats)  were  entitled  to  the  Speaker ;  he  knew  of 
no  good  reason  why  they  should  not  have  the  Speaker. 
Certainly,  if  their  political  opponents  were  in  a  major 
ity  here,  he  believed  it  would  be  right  and  fair  that 
they  should  have  the  Speaker.  But  both  parties  had 
tried  over  and  over  again  to  elect  their  candidate,  and 
had  failed.  If  they  now  failed  to  effect  an  organization, 
upon  whom  would  the  responsibility  rest  ?  It  might 


266  APPENDIX. 

be  said  that  it  would  rest  upon  those  who  refused  to 
unite  with  either  party.  But  could  any  considerable 
portion  of  it  rest  upon  the  Democratic  party?  Though 
they  had  failed  to  concentrate  with  sufficient  force  upon 
their  candidate  to  elect  him,  still  it  could  not  be  ex 
pected  that,  being  in  the  majority,  they  should  volun 
tarily  retire  from  the  contest ;  but  it  seemed  to  him 
that  the  Whig  party,  some  considerable  portion  of  them 
at  least,  might  meet  them  (the  Democracy)  upon  the 
candidate  whom  he  had  presented — a  candidate  uni 
versally  acknowledged  to  be  eminently  qualified  to  pre 
side  over  the  deliberations  of  this  body  and  direct  its 
proceedings." 

If  he  had  been  attempting  to  describe  the  present 
condition  of  affairs  he  could  hardly  have  used  more 
appropriate  language  (except  the  names  of  parties)  if 
he  had  been  gifted  with  prophecy.  Grant  that  we 
have  a  majority.  It  is,  as  he  said  of  their  majority 
then,  an  "impracticable"  one.  Now,  as  then,  "a  little 
portion  of  the"  largest  " party  refuses  to  vote  with  the 
great  majority  of  the  party,"  as  I  most  sincerely  regret 
that  they  do.  Now,  as  then,  the  gentleman  presented 
by  the  larger  party  of  the  three  in  the  House  is  most 
"eminently  qualified"  for  the  duties  of  the  chair. 
Now,  as  then,  "the  opposition  to  him  is  entirely  con 
fined  to  the  difference  of  their  political  opinions." 
Now,  as  then,  "it  could  not  be  expected  that,  being  in 
the  majority,  we  should  voluntarily  retire  from  the 
contest ; "  and  if  his  argument  was  sound  then,  that 
"if  their  political  opponents  were  in  a  majority  here, 
he  believed  it  would  be  right  and  fair  that  they  should 


APPENDIX.  267 

have  the  Speaker,"  I  submit  it  to  the  four  honorable 
gentlemen  from  Mississippi,  who  agreed  with  him  in 
political  faith,  but  who  vote  against  any  rule  by  which 
the  majority — which  my  friend  from  Alabama  says  we 
have  here,  but  which  is  "  impracticable,"  as  Governor 
Brown  lamentingly  said  of  his  party  in  1849 — are 
enabled  to  elect  that  officer,  which  he  declared  it  was 
" right  and  fair"  that  even  a  disunited  majority  should 
be  allowed  to  have. 

In  a  subsequent  part  of  his  remarks,  in  a  colloquy 
with  Mr.  Stanly,  of  North  Carolina,  he  stated  that 
this  "majority"  of  which  he  spoke,  was  obtained  by 
excluding  the  third  party — that  it  was  a  majority  of 
the  Democrats  over  the  Whigs.  And  this,  Sir,  still 
more  closely  approximates  his  remarks  to  the  present 
condition  of  parties  in  this  House.  Excluding  the 
third  party,  there  is  a  clear  and  indisputable  majority 
of  the  Republicans  over  the  Democrats ;  and  in  that 
light,  viewed  from  the  same  stand-point  from  which  he 
made  his  observations  in  1849,  how  appropriate  and 
forcible  are  his  arguments  now !  Why  gentlemen  turn 
their  backs  on  those  arguments  now,  I  will  endeavor 
to  show,  if  iny  time  will  admit,  with  the  passing  re 
mark,  that  having  proved  that  the  plurality  rule,  which 
governs  in  the  election  of  members  of  this  House  in 
every  State  of  the  Union,  was  first  suggested  by  a 
Democrat  in  1849,  repeated  eight  times  by  Democrats, 
adopted  on  the  motion  of  a  Democrat  at  last,  carried 
by  the  aid  of  Democratic  votes,  and  that  a  Democratic 
Speaker  was  elected  under  it — if  the  principle  was  a 
good  one  then,  good  faith  requires  that  it  be  conceded 


268  APPENDIX. 

now ;  or,  if  not  conceded,  the  parties  refusing  it  will 
be  held  responsible  for  the  failure  to  organize  this 
body. 

Sir,  in  justification  of  their  opposition  to  the  rule 
now,  they  say  that  if  Mr. 'Banks  is  elected  there  will 
be  danger  to  the  Union.  Danger  to  the  Union! 
Now  let  me  read,  and  I  call  particular  attention  to  it, 
the  speech  of  Mr.  Meade,  of  Virginia,  of  almost  pre 
cisely  the  same  tenor  made  against  Mr.  Winthrop, 
when  that  gentleman  was  a  candidate  for  the  speaker- 
ship: 

"  If  an  organization  of  the  House  is  to  be  followed 
by  the  passage  of  these  bills,  [prohibition  of  Slavery  in 
the  Territories,  and  abolition  of  Slavery  in  the  District,] 
if  these  outrages  are  to  be  committed  upon  my  people, 
I  trust  in  God,  Sir,  that  my  eyes  have  rested  upon  the 
last  Speaker  of  the  House  of  Representatives,"  &c. — 
Congressional  Globe  for  1849,  p.  26. 

Thus,  Sir,  the  Union  was  considered  in  precisely 
the^  same  "danger"  then  as  now.  It  was  contended 
as  earnestly  as  now,  that  after  the  election  of  a  North 
ern  Speaker  these  results  might  follow ;  and  yet,  with 
all  these  forebodings  held  up  before  them,  in  a  speech 
of  more  than  ordinary  eloquence,  by  the  gentleman 
from  Virginia,  Democrat  after  Democrat  in  1849  pro 
posed,  advocated,  and  voted  for  a  rule  which  might 
possibly  have  resulted  then  as  now  in  the  election  of  a 
Speaker  from  the  anti-Slavery  State  of  Massachusetts. 
If,  therefore,  even  at  this  great  risk  to  the  Union,  the 
Democrats  here  aided  so  largely  in  the  passage  of  this 
rule  in  1849,  does  it  not  show  that  this  House  is  now 


APPENDIX.  269 

kept  disorganized,  and  the  public  business  interrupted, 
by  a  party  unable  to  elect  themselves,  merely  because 
they  have  not  quite  as  good  a  prospect  of  success  at 
this  time  as  at  that  ? 

But,  though  the  success  of  this  Republican  party 
is  so  "dangerous  to  the  Union"  in  the  estimation  of 
our  opponents,  yet,  from  the  speeches  of  yesterday,  we 
were  left  to  infer  that,  if  we  would  only  take  down  one 
candidate,  and  set  up  any  other,  no  matter  how  ultra 
might  be  his  record  on  Slavery,  the  House  might  be 
organized;  and  the  plurality  rule  would  not  then  be  so 
bitterly  opposed.  Without  stopping  to  inquire  whether 
their  hostility  to  Mr.  Banks  grows  out  of  the  fact  that, 
during  the  memorable  Nebraska  struggle,  he  preferred 
principle  to  party,  and  left  them  in  the  pride  of  their 
power  to  throw  himself  into  the  arms  of  what  might 
have  proved  a  feeble  minority,  if  the  people  had  not 
come  to  its  rescue  and  its  approval,  these  declarations 
show  that  this  House  remains  disorganized  from  the 
opposition  of  the  Democratic  party  to  a  particular 
man ;  that  the  wheels  of  Government  are  blocked  be 
cause  they  have  a  personal  hostility  to  his  occupying 
the  chief  chair  of  the  House ;  and  that,  so  far  from 
"  devotion  to  the  Constitution  and  the  Union,"  as  the 
oft-repeated  phrase  here  reads,  compelling  them  to 
turn  their  backs  on  that  rule  which,  proposed  by  a 
Democrat,  voted  for  by  many  Democrats,  and  resulting 
in  a  Democratic  victory,  has  passed  into  a  precedent 
for  occasions  like  this,  they  would  be  willing  to  give 
up  the  contest,  and  risk  all  the  danger  to  the  Union, 
if  we  would  only  choose  some  other  man  to  rule  over 


270  APPENDIX. 

them.  It  is,  therefore,  not  principle,  but  opposition  to 
a  man  that  causes  the  present  disorganized  state  of  the 
House.  Let  gentlemen  explain  this,  if  they  can,  to 
their  constituents. 


II. 


THE  "  LAWS  "  OF  KANSAS. 

DELIVERED   IN   THE    HOUSE   OF   REPRESENTATIVES,  JUNE    21, 

1856. 

The  House  being  in  Committee  of  the  Whole  on 
the  state  of  the  Union  on  the  Army  appropriation  bill, 

Mr.  Colfax  said : 

,Mr.  Chairman  :  I  desire  to  give  notice  that  I  shall 
move,  when  we  reach  the  third  clause  of  the  pending 
Army  bill,  the  following  amendment;  and  I  read  it 
now,  because  the  remarks  I  shall  make  to-day  are  de 
signed  to  show  its  necessity  : 

u  But  Congress,  hereby  disapproving  of  the  code  of 
alleged  laws  officially  communicated  to  them  by  the 
President,  and  which  are  represented  to  have  been  en 
acted  by  a  body  claiming  to  be  the  Territorial  Legis 
lature  of  Kansas  ;  and  also  disapproving  of  the  manner 
in  which  said  alleged  laws  have  been  enforced  by  the 
authorities  of  said  Territory,  expressly  declare  that, 
until  these  alleged  laws  shall  have  been  affirmed  by 
the  Senate  and  House  of  Representatives  as  having 
been  enacted  by  a  legal  Legislature,  chosen  in  con 
formity  with  the  organic  law  by  the  people  of  Kansas, 
no  part  of  the  military  force  of  the  United  States  shall 


272  APPENDIX. 

be  employed  in  aid  of  their  enforcement ;  nor  shall  any 
citizen  of  Kansas  be  required,  under  their  provisions, 
to  act  as  a  part  of  the  posse  comitatus  of  any  officer 
acting  as  marshal  or  sheriff  in  said  Territory." 

My  especial  object  to-day  is  to  speak  relative  to 
this  code  of  laws,  now  in  my  hand,  which  has  emanated 
from  a  so-called  Legislative  Assembly  of  Kansas ;  and 
for  the  making  of  which  your  constituents,  in  common 
with  mine,  have  paid  their  proportion — the  whole 
having  been  paid  for  out  of  the  Treasury  of  the  United 
States.  In  speaking  of  the  provisions  embodied  in 
this  voluminous  document,  and  of  the  manner  in  which 
these  "laws"  have  been  enforced,  I  may  feel  it  my 
duty  to  use  plain  and  direct  language ;  and  I  find  my 
exemplar,  as  well  as  my  justification  for  it,  in  the  un 
limited  freedom  of  debate  which,  from  the  first  day  of 
the  session,  has  been  claimed  and  exercised  by  gentle 
men  of  the  other  side  of  the  House.  And,  recognizing 
that  freedom  of  debate  as  we  have,  to  the  fullest  ex 
tent,  subject  only  to  the  rules  of  the  House,  we  intend 
to  exercise  it  on  this  side,  when  we  may  see  fit  to  do 
so,  in  the  same  ample  manner.  Hence,  when  we  have 
been  so  frequently  called  "  fanatics,"  and  other  epithets 
of  denunciation,  no  one  on  these  seats  has  even  called 
gentlemen  of  the  other  side  to  order.  When  it  has 
pleased  them  to  denounce  us  as  Black  Republicans,  or 
colored  Republicans,  we  have  taken  no  exception  to 
the  attack,  for  we  regard  freedom  of  speech  as  one  of 
the  pillars  of  our  free  institutions.  When,  not  content 
with  this,  they  have  charged  us  with  implied  perjury, 
in  being  hostile  to  the  Constitution,  and  unfaithful  to 


APPENDIX.  273 

the  Union,  we  have  been  content  to  leave  the  world 
to  judge  between  us  and  our  accusers— a  scrutiny  in 
which  principles  will  have  more  weight  than  denuncia 
tion.  In  spite  of  all  these  attacks  we  have  not  been 
moved  to  any  attempt  to  restrict  the  perfect  and  most 
unlimited  freedom  of  speech  on  the  part  of  our  denoun 
cers  ;  for  we  acknowledge  the  truth  of  Jefferson's  sen 
timent,  that  "  Error  ceases  to  be  dangerous  when  Rea 
son  is  left  free  to  combat  it." 

If  that  constitutional  safeguard  of  our  rights  and 
liberties,  free  speech  in  debate,  is  to  be  recognized  any 
where,  it  should  certainly  be  recognized,  enforced,  and 
protected  in  this  House.  Every  representative  of  a 
free  constituency,  if  worthy  of  that  responsible  position, 
should  speak  here  at  all  times,  not  with  u  bated 
breath,"  but  openly  and  fearlessly,  the  sentiments  of 
that  constituency;  for,  Sir,  it  is  not  alone  the  two 
hundred  and  thirty-four  members  of  this  House  who 
mingle  in  this  arena  of  debate ;  but  here,  within  this 
bar,  are  the  teeming  millions  of  American  freemen,  not 
individually  participating,  as  in  Athens  in  the  olden 
time,  in  the  enactment  of  laws  arid  the  discussion  and 
settlement  of  the  foreign  and  domestic  policy  of  the 
nation,  but  still,  Sir,  participating  in  the  persons  of 
their  representatives,  whom  they  have  commissioned 
to  speak  for  them,  in  the  important  questions  which 
are  presented  for  our  consideration.  Here,  in  this 
august  presence,  before  the  whole  American  people, 
thus  represented,  stand,  and  must  ever  stand,  States 
and  statesmen,  legislators  and  jurists,  parties  and  prin 
ciples,  to  be  subject  to  the  severest  scrutiny  and  the 
18 


274  APPENDIX. 

most  searching  review.  Here  Alabama  arraigns  Mas 
sachusetts,  as  she  has  done  through  the  mouth  of  one 
of  her  Representatives  but  a  few  weeks  since ;  and 
here  Massachusetts  has  equally  the  right  to  arraign 
any  other  State  of  the  Confederacy.  And  while  the 
Republic  stands,  the  freedom  of  debate,  guaranteed 
and  protected  by  the  Constitution,  must  and  will  be 
sustained  and  enforced  on  this  floor. 

Mr.  Chairman,  I  feel  compelled,  on  this  occasion, 
therefore,  by  truth  and  by  a  conscientious  conviction 
of  what  I  know  to  be  the  feelings  of  my  constituents — 
for  whom  I  speak  as  much  as  I  do  for  myself — to  de 
nounce,  as  I  do  this  day,  the  "  code  "  of  the  so-called 
Legislature  of  Kansas  as  a  code  of  tyranny  and  oppres 
sion,  a  code  of  outrage  and  of  wrong,  which  would 
disgrace  the  Legislature  of  any  State  of  the  Union,  as 
it  disgraces  the  Goths  and  Vandals  who,  after  invad 
ing  and  conquering  the  Territory,  thus  attempted  to 
play  the  despot  over  its  people,  and  to  make  the  white 
citizens  of  Kansas  greater  slaves  than  the  blacks  of 
Missouri.  No  man  can  examine  the  decrees  of  Louis 
Napoleon,  no  matter  how  ignorant  he  may  have  been 
of  the  procession  of  events  in  France  for  the  past  six 
years,  without  having  the  conviction  forced  upon  his 
mind  that  they  emanated  from  an  usurper  and  a  des 
pot.  The  very  enactments  embodied  in  these  decrees 
bear  testimony  against  him.  The  limitations  on  the 
right  of  the  subject ;  the  mockery  of  the  pretended 
freedom'  of  elections  which  he  has  vouchsafed  to  the 
people  ;  the  rigid  censorship  of  the  press  ;  the  shackles 
upon  the  freedom  of  speech ;  all  combine  to  prove  that 


APPENDIX.  275 

they  emanate  from  an  autocrat,  who,  however  men 
may  differ  as  to  the  wisdom  of  his  statesmanship,  un 
doubtedly  governs  France  with  a  strong  arm  and  an 
iron  rule.  And  so,  Sir,  no  unprejudiced  man  can  rise 
from  a  candid  perusal  of  this  code  without  being  thor 
oughly  convinced  that  it  never  emanated  from  a  Leg 
islature  voluntarily  chosen  by  the  people  whom  it 
professes  to  govern,  but  that  it  was  dictated  and  en 
acted  by  usurpers  and  tyrants,  whose  leading  object 
was  to  crush  out  some  sentiment  predominant  against 
that  people,  but  distasteful  and  offensive  to  these 
usurping  legislators.  I  know  this  is  a  strong  asser 
tion,  but,  in  the  hour  of  your  time  which  I  shall  oc 
cupy,  I  shall  prove  this  assertion  from  the  intrinsic 
evidence  of  the  code  itself. 

Before  I  proceed  to  make  an  analysis  of  these  laws, 
which,  I  hold,  were  never  legally  enacted,  were  never 
fit  to  be  made,  nor  fit  to  be  obeyed  by  a  free  people, 
let  me  say  a  few  words  in  regard  to  the  manner  in 
which  they  have  been  administered  and  enforced.  We 
have  heard  of  murder  after  murder  in  Kansas — murders 
of  men  for  the  singular  crime  of  preferring  freedom  to 
Slavery  ;  but  you  have  not  heard  of  one  single  attempt 
by  any  court  in  that  Territory  to  indict  any  one  of 
those  murderers.  The  bodies  of  Jones,  of  Dow,  of 
Barber,  and  others,  murdered  in  cold  blood,  are  mould 
ering  away  and  joining  the  silent  dust ;  while  one  of 
the  murderers  this  very  day  holds  a  Territorial  office  in 
Kansas,  and  another  of  them  holds  an  office  of  influence 
and  rank  under  the  authority  of  the  General  Govern 
ment,  while  neither  the  Territorial  nor  the  General 


276        .  APPENDIX. 

Government  inquire  into  the  crimes  they  have  com 
mitted,  or  the  justification  for  their  brother's  blood 
that  stains  their  hands. 

Mr.  Phelps. — I  desire  to  ask  the  gentleman  one 
question. 

Mr.  Colfax. — Certainly. 

Mr.  Phelps. — The  gentleman  from  Indiana,  as  I 
understood  him,  asserted  that  he  has  not  heard  of  any 
attempt  made  to  indict  those  persons  in  Kansas,  mem 
bers  of  the  pro-Slavery  party,  who  are  charged  with 
the  murders  he  alludes  to.  I  ask  the  gentleman 
whether  the  Abolition,  or  free-State  party  in  Kansas, 
do  not  repudiate  the  laws  of  the  Territory  of  Kansas, 
and  refuse  to  obey  the  precepts  issued  by  the  court  ? 
And  hence,  when  a  summons  is  issued  to  summon  a 
witness  who  is  cognizant  of  the  commission  of  an 
offence,  those  very  witnesses,  who  are  in  opposition  to 
those  laws,  refuse  to  go  before  the  jury  and  testify  as 
to  those  offences  of  which  they  are  cognizant. 

Mr.  Colfax. — I  will  answer  the  gentleman  from 
Missouri,  although,  as  he  comes  from  a  State  bordering 
upon  Kansas,  and  is  supposed  to  be  acquainted  with 
the  state  of  affairs  there,  he  should  know  the  facts  as 
well  as  myself.  The  free- State  people  of  Kansas  rec 
ognize  all  the  United  States  courts  in  that  Territory, 
and  they  render  full  allegiance  to  the  United  States 
authorities.  But  when  the  chief  justice,  sitting  upon 
the  bench  in  Kansas,  as  the  supreme  judicial  officer  of 
the  Territory,  has  made  his  charge  at  each  session  to 
the  grand  jury  of  his  court,  he  has  not,  so  far  as  I 
have  ever  heard,  alluded  in  any  charge,  or  called  the 


APPENDIX.  277 

attention  of  the  grand  jury  in  any  manner,  to  the 
murdering  of  men  in  cold  blood  in  that  Territory,  and 
to  the  fact  that  their  murderers  are  all  at  large,  hon 
ored  with  the  confidence,  instead  of  being  branded  with 
the  condemnation,  of  its  authorities. 

Mr.  Phelps. — I  ask  the  gentleman  whether  there 
are  any  courts  in  the  Territory  of  Kansas  which  have 
jurisdiction  of  the  crime  of  murder,  except  those  courts 
held  by  judges  appointed  by  the  President  of  the 
United  States,  by  and  with  the  advice  of  the  Senate  ? 
And  if  the  Abolitionists  in  Kansas  will  not  obey  the 
process  of  the  courts,  and  give  evidence  before  the 
grand  juries,  so  that  offenders  of  the  laws  may  be  pun 
ished,  I  ask,  whose  fault  is  it  ? 

Mr.  Colfax. — Certainly,  there  are  other  courts. 
This  Legislature  in  Kansas  have  organized  probate 
courts,  with  probate  judges.  But  I  am  speaking  of 
the  United  States  courts,  whose  authority  is  recognized 
by  the  free-State  people  of  Kansas,  and  whose  writs 
and  officers  are  both  obeyed  by  them. 

Mr.  Phelps. — I  ask  if  there  are  any  courts  which 
have  jurisdiction  of  criminal  offences — of  murders, 
arsons,  and  robberies — in  short,  of  felonies  of  all 
kinds,  except  the  courts  held  by  judges  appointed  by 
the  President?  Such,  I  assert,  is  the  fact. 

Mr.  Colfax. — And  I  do  not  deny  it,  but  ask  in 
reply  why,  in  these  United  States  courts,  which  all 
parties  recognize  as  of  legal  authority,  no  attempt  is 
made  to  investigate  these  crimes  ?  But  I  would  rather 
assent  to  every  thing  the  gentleman  desires,  than  lose 
any  of  my  time. 


278  APPENDIX. 

I  wish  first,  Mr.  Chairman,  to  speak  of  the  manner 
in  which  the  chief  justice,  sitting  as  the  supreme  judi 
cial  officer  of  the  Territory  of  Kansas,  has  performed 
the  functions  of  his  office.  I  have  no  imputation  to 
make  upon  him  as  a  man  of  moral  character,  or  of 
judicial  ability.  I  know  nothing  in  regard  to  either. 
I  do  not  say  he  has  wilfully  and  corruptly  violated 
his  official  oath ;  for  I  can  say  that  authoritatively  in 
only  one  way,  and  that  is  by  voting  for  his  impeach 
ment.  I  shall  not  comment,  Sir,  on  the  extraordinary 
manner  in  which  he  has  enforced  the  Kansas  code, 
with  Draconian  severity,  against  all  who  advocated 
freedom  for  Kansas,  but  with  a  serene  leniency  to 
wards  all  who  did  not ;  pushing  its  severest  provisions 
to  the  extremest  point  in  the  one  case,  and  forgetting, 
apparently,  that  it  contains  any  penalties  whatever  in 
the  other.  But  I  desire  to  draw  the  attention  of  the 
House  to  the  fact,  proven  by  the  code  itself,  that  this 
u  Legislature  "  have  used  every  exertion  within  their 
power  to  make  that  judge  the  interested  champion  and 
advocate  of  the  validity  of  their  enactments.  Pecuni 
ary  interest,  sir,  is  a  powerful  argument  with  mankind 
generally.  We  all  see,  and  we  all  recognize  this  fact 
as  a  truism  which  no  logician  denies.  The  Adminis 
tration  that  gives  a  man  an  extensive  or  a  profitable 
contract  may  reasonably  expect  to  find  in  him  a  sup 
porter.  The  Legislature  that  confers  on  a  man  a  val 
uable  charter  would  have  a  right  to  feel  surprised  if  he 
did  not  decide  in  favor  of  the  legality  and  the'  consti 
tutionality  of  their  enactments,  as  well  as  use  all  of 
his  influence  in  their  favor,  if  their  authority  to  act  as 


APPENDIX.  279 

grantors  was  disputed,  and  if  his  charter  fell  to  the 
ground  as  worthless,  in  case  their  right  to  grant  it  was 
overthrown.  It  is  true,  some  men  are  so  pure  as  not 
to  be  affected  by  such  things ;  but  in  the  generality  of 
cases  the  human  mind  cannot  fail  to  be  thus  influenced, 
even  if  it  is  not  absolutely  controlled. 

Now,  if  you  will  turn  to  the  concluding  portion  of 
this  "  code  of  laws,"  you  will  find  one  hundred  and 
forty  pages  of  it,  over  one  sixth  of  the  whole,  devoted 
to  corporations,  shingled  in  profusion  over  the  whole 
Territory,  granting  charters  for  railroads,  insurance 
companies,  toll  bridges,  ferries,  universities,  mining 
companies,  plank  roads,  and,  in  fact,  all  kinds  of 
charters  that  are  of  value  to  their  recipients,  and  more, 
indeed,  than  will  be  needed  there  for  many  years.  No 
less  than  four  or  five  hundred  persons  (not  counting 
one  hundred  Territorial  road  commissioners)  have  been 
thus  incorporated,  and  have  been  made  the  recipients 
of  the  bounty  of  that  legislation  of  Kansas,  making  a 
great  portion,  if  not  all  of  them,  interested  advocates 
to  sustain  the  legality  of  those  laws  now  in  dispute 
before  the  American  people.  I  need  scarcely  add  that 
the  name  of  nearly  every  citizen  of  Kansas  who  has 
been  conspicuous  in  the  recent  bloody  scenes  in  that 
Territory  on  the  side  of  Slavery,  can  be  found  among 
the  favored  grantees ;  and  all  of  them  know  that,  if 
that  Legislature  is  proved  to  be  illegal  and  fraudulent, 
their  grants  become  valueless. 

In  quoting  from  this  code  of  the  laws  of  the  Legis 
lature  of  Kansas,  I  desire  to  state  that  I  quote  from 
Executive  document  No.  23,  submitted  to  this  House 


280  APPENDIX. 

by  the  President  of  the  United  States,  and  printed  by 
the  public  printer  of  Congress.  It  is  entitled  "  Laws 
of  the  Territory  of  Kansas,"  and  forms  a  volume  of 
eight  hundred  and  twenty-three  pages.  I  notice  that 
many  members  have  a  copy  of  this  code  before  them 
now  ;  and  as  many  people,  as  they  discuss  these  enact 
ments  around  the  hearthstone  at  home,  cannot  believe 
that  they  are  authentic,  I  will  take  pains  to  quote  the 
section  and  page  of  every  law  I  allude  to,  and  will  say 
to  gentlemen  upon  the  other  side,  that  if  they  find  me 
quoting  incorrectly  in  a  single  instance,  or  in  the 
minutest  particular,  essential  or  non-essential,  I  call 
upon  them  to  correct  me  on  the  spot.  I  wish  to  lay 
the  exact  truth,  no  more,  no  less,  from  this  official 
record  itself,  authenticated  as  it  is  by  the  President  of 
the  United  States  himselfj  before  Congress  and  the 
American  people. 

You  will  find  in  this  code  of  laws  that  Mr.  Isaacs, 
the  district  attorney  of  Kansas,  figures  in  four  acts  of 
incorporation,  and  cannot  fail,  therefore,  to  believe  in 
the  legality  of  their  enactment.  Mr.  L.  N.  Heese 
figures  in  three  more ;  Mr.  L.  J.  Eastin  in  three ; 
Stringfellow  in  three,  of  course ;  and  K.  R.  Heese  in 
five — all  of  them  earnest  defenders  of  the  code  and  its 
provisions,  as  might  be  expected.  But  I  desire  more 
particularly  to  show  you  the  incorporations  in  which 
the  Territory  of  Kansas  has  given  an  interest  to  the 
chief  justice  of  the  Territory,  Judge  Lecompte,  sitting 
though  he  does  upon  the  judicial  bench,  to  decide  upon 
the  validity  of  these  territorial  laws.  You  will  find 
him,  on  page  788,  incorporated  as  one  of  the  regents 


APPENDIX.  281 

of  the  Kansas  University ;  but  I  pass  by  that  as  of 
very  little  moment.  At  page  760  you  will  find  a 
charter  for  the  Central  Railroad  Company,  with  a 
capital  of  $1,000,000,  in  which  S*  A.  Lecompte  is  one 
of  the  corporators.  The  chief  justice's  name  is  S.  D. 
Lecompte  ;  and  as  I  cannot  hear  of  any  other  person 
of  the  name  of  Lecompte  in  the  Territory,  I  have  no 
doubt  that  this  is  a  misprint  in  the  middle  initial,  and 
that  his  name  was  intended.  But  I  will  give  him  the 
benefit  of  the  doubt,  and  pass  over  this  charter.  On 
page  769  you  find  another  charter,  in  which  Chief 
Justice  S.  D.  Lecompte  figures  as  a  corporator.  It  is 
the  charter  of  the  Leavenworth,  Pawnee,  and  Western 
Hailroad,  which,  in  the  opinion  of  many,  is  destined 
to  be  a  link  in  the  great  Pacific  railroad,  or  at  least  an 
important  section  in  one  of  its  branches.  It  is  char 
tered  with  a  capital  of  $5,000,000,  and  five  years1  time 
is  given  for  the  grantees  to  commence  the  work.  This 
charter,  valuable  as  it  must  become  as  the  Territory 
advances  in  population  and  wealth,  is  presented  as  a 
free  gift  to  Judge  Lecompte  and  his  associates  by  the 
mock  Legislature  of  Kansas.  Of  course,  in  all  these 
charters  the  directors  are  to  open  books  for  the  sub 
scription  of  stock,  keeping  them  open  "  as  long  as  they 
may  deem  proper,"  no  barrier  existing  against  their 
subscribing  the  whole  stock  themselves,  the  moment 
that  the  books  are  opened,  if  they  choose  so  to  do. 
But  I  desire  to  draw  attention  particularly  to  another 
grant,  to  be  found  on  page  774,  in  which  this  same 
impartial  judge,  S.  D.  Lecompte,  with  nine  other  per 
sons,  are  incorporated  as  the  Leavenworth  and  Le- 


282  APPENDIX. 

compton  railroad ;  and  I  ask  you  to  notice,  and  ex 
plain,  if  you  can,  the  difference  which  exists  between 
that  and  other  incorporations. 

In  the  first  place,  the  other  railroad  charters  are 
granted  to  certain  persons  in  continuous  succession. 
In  this  charter,  with  a  capital  of  $3,000,000,  for  a 
railroad  from  Leavenworth  to  his  favorite  city  of  Le- 
compton  (which  was  made  the  capital  of  the  Territory 
by  this  same  Legislature),  with  an  indefinite  and  un 
restrained  power  to  build  branch  railroads  from  the 
capital  in  any  and  every  direction,  Judge  Lecompte 
and  his  associates,  including  Woodson,  the  Secretary 
of  the  Territory,  are  granted  perpetual  succession.  In 
section  21,  page  777,  there  is  this  special  exception, 
which,  though  brief  in  its  language,  is  momentous  in 
its  importance,  for  the  benefit  of  Judge  Lecompte  & 
Co.: 

tc  That  sections  seven,  thirteen,  and  twenty  of  art 
icle  first,  and  so  much  of  section  eleven,  article  second, 
as  relates  to  stock  owned,  of  an  act  concerning  corpo 
rations,  shall  not  apply  to  this  act." 

In  the  examination  which  I  gave  to  these  laws,  it 
struck  me  that  this  exception  of  this  charter,  for  the 
benefit  of  Lecompton  and  Lecompte,  from  the  provi 
sions  of  the  general  law  relative  to  corporations,  was 
singular,  to  say  the  least ;  and  I  turned  back  to  the 
general  law  to  see  the  character  of  the  provisions  thus 
suspended,  so  far  as  this  act  was  concerned ;  and  the 
proof  that  it  furnishes  of  the  intention,  on  the  part  of 
the  Legislature,  to  make  Judge  Lecompte  interested  in 
their  behalf,  is  so  strong,  that  I  will  refer  you  to  these 


APPENDIX.  283 

sections   as   circumstantial   evidence   of  no   ordinary 
character. 

Section  seven  of  the  general  corporation  law  (see 
page  165)  provides  as  follows : 

"  The  charter  of  every  corporation  that  shall  here 
after-be  granted  by  law,  shall  be  subject  to  alteration, 
suspension,  or  repeal,  by  any  succeeding  Legislature : 
Provided,  Such  alteration,  suspension,  or  repeal,  shall 
in  nowise  conflict  with  any  right  vested  in  such  cor 
poration  by  its  charter." 

•  But  in  Lecompte's  charter  the  power  even  to  amend 
it,  is,  by  the  suspension  of  the  above  section,  withheld 
from  "  any  succeeding  Legislature,"  even  if  said  Legis-. 
lature,  or  the  people  of  Kansas,  unanimously  desired 
its  amendment. 

Section  thirteen  (see  page  165)  makes  the  stock 
holders  of  all  corporations  individually  liable  for  its 
debts.  But  this,  too,  is  suspended  by  the  mock  Legis 
lature  of  Kansas,  for  the  benefit  of  Judge  Lecompte. 

Section  twenty  (see  page  166)  makes  directors  lia 
ble  for  debts  incurred  by  them  exceeding  the  capital 
stock.  But  this,  also,  is  suspended  in  Judge  Le 
compte1  s  charter,  and  he  is  one  of  the  directors  of  the 
road. 

But  there  is  still  another  extraordinary  provision 
in  this  charter,  which  I  find  in  no  other  grant  of  this 
Legislature.  Section  fifteen  (page  776)  provides  : 

"  If  said  company  shall  require  for  the  construction 
or  repair  of  said  road,  any  stone,  gravel,  or  other  ma 
terials  from  the  land  of  any  person  adjoining  to  or  NEAR 
said  road,  and  CANNOT  contract  for  the  same  with  the 


284  APPENDIX. 

owner  thereof,  said  company  may  proceed  to  take  pos 
session  of  and  use  the  same,  and  have  the  property  as 
sessed,"  &c.,  &c. 

Not  only  are  they  empowered  to  take  stone,  gravel, 
and  other  materials,  including  timber,  of  such  great 
value  in  Kansas,  from  land  through  which  the  road 
runs,  but  also  from  "  adjoining  "  tracts  ;  and  still  fur 
ther,  from  tracts  "  NEAR  said  road,1'  which  may  be  con 
strued  to  mean  one  mile,  or  five  miles,  or  ten  miles  off, 
as  the  case  may  be.  And  if  the  owner  refuses  to  part 
with  his  timber  or  gravel,  the  company  are  authorized 
to  take  it  first,  and  pay  for  it  afterwards  ;  and  the  man 
who  resists,  and  seeks  to  protect  his  own  property, 
would  be  amenable  to  the  penalties  of  this  bloody  code 
for  resisting  "the  laws  of  Kansas."  What  was  the 
object  of  these  extraordinary  grants  and  privileges  to 
Judge  Lecompte  and  his  associates,  I  submit  for  the 
American  people  to  decide. 

Before  I  leave  this  judge — the  central  figure  as  he 
is  of  the  group  of  men  in  Kansas  who  are  using  the 
power  of  the  judiciary,  as  it  was  used  during  c  c  the 
bloody  assizes  "  in  England,  and  the  Reign  of  Terror  in 
France,  to  enforce  the  decrees  of  tyranny — I  must  call 
attention  to  his  charge  to  the  last  grand  jury  which  he 
addressed  in  Kansas ;  arid  in  which,  instead  of  alluding 
to  the  destruction  of  property  of  free- State  men  by  un 
authorized  mobs;  to  the  tarring  and  feathering,  and 
other  personal  outrages,  to  which  many  of  them  had 
been  subjected  ;  to  the  repeated  invasions  of  the  Terri 
tory  by  armed  marauders,  of  which  he  had  been  a  wit 
ness  ;  and  to  the  murders  of  unoffending  free-State 


APPENDIX.  285 

»  • 

men,  of  which  he  could  not  have  failed  to  hear ;  his  vir 
tuous  desire  to  uphold  "the  laws"  found  vent  in  an 
other  direction — the  direction  of  persecution  instead  of 
protection.  I  quote  from  this  extraordinary  charge, 
as  published  in  the  National  Intelligencer  of  this  city, 
of  June  5,  1856,  the  following  extraordinary  para 
graphs  : 

"  This  Territory  was  organized  by  an  act  of  Con 
gress,  and,  so  far,  its  authority  is  from  the  United 
States.  It  has  a  Legislature,  elected  in  pursuance  of 
that  organic  act.  This  Legislature,  being  an  instru 
ment  of  Congress  by  which  it  governs  the  Territory, 
has  passed  laws.  These  laws,  therefore,  are  of  UNITED 
STATES  AUTHORITY  AND  MAKING  ;  and  all  that  resist 
these  laws  resist  the  power  and  authority  of  the  United 
States,  and  are  therefore  GUILTY  OF  HIGH  TREASON. 

"  Now,  gentlemen,  if  you  find  that  any  persons 
have  resisted  these  laivs,  then  you  MUST,  under  your  oaths, 
find  bills  against  such  persons  for  high  treason.  If 
you  find  that  no  such  resistance  has  been  made,  but 
that  combinations  have  been  formed  for  the  purpose  of 
resisting  them,  and  individuals  of  influence  and  noto 
riety  have  been  aiding  and  abetting  in  such  combi 
nations,  then  MUST  you  still  find  bills  for  constructive 
treason,"  &c.,  &c. . 

Mr.  Chairman,  I  am  no  lawyer ;  but  I  think  I  un 
derstand  the  force  of  the  English  language ;  and  when 
I  read  in  the  Constitution  of  the  United  States  that 
"Treason  against  the  United  States  shall  consist  ONLY 
in  levying  ivar  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort,"  I  do  not  hesi- 


286  APPENDIX. 

tate  to  brand  that  charge  of  Judge  Lecompte,  under 
which  Governor  Robinson  was  indicted  for  treason,  and 
is  now  under  confinement  and  refused  bail,  as  grossly, 
palpably  unjust,  and  wholly  unauthorized  by  the  Con 
stitution.  To  concede  his  argument,  that  to  resist,  or 
u  to  form  the  purpose  of  resisting,"  the  Territorial  laws 
is  treason  against  the  United  States,  because  Congress 
authorized  a  Legislature  to  pass  laws,  leads  you  irre 
sistibly  to  the  additional  position,  that  to  resist  the  or 
ders  of  the  county  boards  created  by  that  Legislature 
is  also  treason ;  for  these  boards  are  but  one  further 
remove  from  the  fountain-head  of  power.  And  thus, 
Sir,  "  the  extreme  medicine  of  the  Constitution  -would 
become  its  daily  bread  ; "  and  the  man  who  even  objected 
to  the  opening  of  a  road  through  his  premises,  would 
be  subject  to  the  pains  and  penalties  of  treason.  No, 
Sir,  that  charge  is  only  another  link  in  the  chain  of 
tyranny  which  the  pro- Slavery  rulers  of  that  Territory 
are  encoiling  around  its  people.  And  when  the  de 
fenders  of  these  proceedings  ask  us  to  trust  to  the  im 
partiality  of  courts,  I  answer  them  by  pointing  to  this 
charge,  and  also  to  the  judicial  decrees  of  the  Territory, 
by  authority  of  which  numbers  of  faithful  citizens  of 
the  United  States  have  been  indicted,  imprisoned,  and 
harassed — lay  authority  of  which  the  town  of  Lawrence 
was  sacked  and  bombarded — by  authority  of  which 
printing-presses  were  destroyed,  without  legal  notice  to 
their  owners,  and  costly  buildings  cannonaded  and  con 
sumed,  without  giving  the  slightest  opportunity  to  their 
proprietors  to  be  heard  in  opposition  to  these  decrees ; 
all  part  and  parcel  of  the  plot  to  drive  out  'the  friends 


APPENDIX.  287 

of  freedom  from  the  Territory,  so  that  Slavery  might 
take  unresisted  possession  of  its  villages  and  plains. 

It  might  have  been  supposed  that,  at  least,  one  of 
those  rights  dear  to  all  American  freemen — the  trial 
by  an  impartial  jury — would  have  been  left  for  the 
people  of  Kansas  unimpaired.  But  when  the  invad 
ers  and  conquerors  of  Kansas,  in  their  border-ruffian 
Legislature,  struck  down  all  the  rights  of  freemen,  they 
did  not  even  leave  them  this,  with  which  they  might 
possibly  have  had  some  chance  of  justice,  even  against 
the  hostility  of  Presidents,  the  tyranny  of  Governors, 
and  the  hatred  of  judges.  No  jurors,  Sir,  are  drawn 
by  lot  in  the  Territory.  But  the  first  section  of  the 
act  concerning  jurors  (see  page  377)  enacts  that  "All 
couts  before  whom  jurors  are  required,  may  order  the 
marshal,  sheriff,  or  other  officer,  to  summon  a  sufficient 
number  of  jurors." 

The  whole  matter  is  left  to  the  discretion  of  these 
officers  ;  and  Marshal  Donaldson  or  "  Sheriff  Jones  " 
pack  juries  with  just  such  men  as  they  prefer,  and 
who  they  know  will  be  their  willing  instruments.  For 
a  free-State  man  to  hope  for  justice  from  such  a  jury, 
charged  by  such  a  judge  as  Lecompte,  would  be  to 
ask  that  the  miracle  by  which  the  three  Israelites 
passed  through  the  fiery  furnace  of  their  persecutors 
unscathed,  should  be  daily  reenacted  in  the  jurispru 
dence  of  Kansas.  Nay,  more,  Sir,  to  make  assurance 
doubly  sure,  the  same  law  in  regard  to  jurors  ex 
cludes  all  but  pro-Slavery  men  from  the  jury-box  in 
all  cases  relating  directly  or  indirectly  to  Slavery  ;  for 
here  is  its  thirteenth  section  (page  378) : 


288  APPENDIX. 

"No  person  who  is  conscientiously  opposed  to  the 
holding  slaves,  or  who  does  nof  admit  the  right  to  hold 
slaves  in  this  Territory,  shall  be  a  juror  in  any  cause 
in  which  the  right  to  hold  any  person  in  Slavery  is  in 
volved,  nor  in  any  cause  in  which  any  injury  done  to, 
or  committed  by,  any  slave  is  in  issue,  nor  in  any 
criminal  proceeding  for  the  violation  of  any  law  enacted 
for  the  protection  of  slave  property,  and  for  the  pun 
ishment  of  CRIME  committed  against  the  right  to  such 
property."  v 

I  leave  this  dark  picture  of  the  jurisprudence  of 
Kansas,  and  turn  now  to  the  laws  themselves — "laws  " 
that  were,  as  late  as  the  9th  of  February,  1856,  over 
two  months  after  the  opening  of  this  session,  thus  spoken 
of  by  the  Detroit  Free  Press,  the  organ  of  General 
Cass,  and  one  of  the  leading  Democratic  papers  of  the 
Northwest : 

"  But  the  President  should  pause  long  before  treat 
ing  as  '  treasonable  insurrection '  the  action  of  those  in 
habitants  of  Kansas  who  deny  the  binding  authority 
of  the  Missouri-Kansas  Legislature  ;  for,  in  our  humble 
opinion,  a  people  that  would  not  be  inclined  to  rebel 
against  the  acts  of  a  legislative  body  FORCED  UPON  THEM 
BY  FRAUD  AND  VIOLENCE,  WOULD  BE  UNWORTHY  THE  NAME 
OF  AMERICAN.  IF  THERE  WAS  EVER  JUSTIFIABLE  CAUSE 
FOR  POPULAR  REVOLUTION  AGAINST  A  USURPING  AND  OBNOX 
IOUS  GOVERNMENT,  THAT  CAUSE  HAS  EXISTED  IN  KANSAS." 

The  President  of  the  United  States  has  declared,  in 
his  special  message  to  Congress,  in  his  proclamation, 
and  in  his  orders  to  Governor  Shannon  and  Colonel 
Sumner,  through  his  Secretary  of  State  and  Secretary 


APPENDIX.  289 

of  War,  that  this  code  of  Territorial  laws  is  to  be  en 
forced  by  the  full  exercise  of  his  power.  He  has,  of 
course,  read  them,  and  knows  of  their  provisions.  He 
must  know  that  they  trample  even  on  the  organic  law, 
which  his  official  signature  breathed  into  life.  He 
must  know  that  they  trample  on  the  Constitution  of  the 
United  States,  which  he  and  we  have  sworn  to  sup 
port.  Reading  them  as  he  has,  he  could  have  chosen 
rather  to  support  the  law  of  Congress  and  the  national 
Constitution ;  but  he  preferred  to  declare  publicly  his 
intention  of  assisting,  with  all  his  power  and  authority, 
the  enforcement  of  this  code,  which  repudiates  both. 
The  National  Democratic  Convention,  also,  at  Cincin 
nati,  denounced  "  treason  and  armed  resistance  to  the 
laws  "  in  a  marked  and  special  manner ;  and  if  there 
was  any  doubt  as  to  the  object  of  this  denunciation, 
the  speech  of  the  author  of  the  Nebraska  bill  himself, 
Mr.  Douglas,  at  the  ratification  meeting  in  this  city,  a 
few  nights  since,  shows  plainly  its  "  intent  and  mean 
ing."  Wishing  to  do  no  injustice  to  any  one,  I  quote 
from  his  speech,  as  reported  in  the  national  Democratic 
organ  here,  the  Washington  Union,  of  June  10,  which 
I  hold  in  my  hand : 

u  The  platform  was  equally  explicit  in  reference  to 
the  disturbances  in  relation  to  the  Territory  of  Kansas. 
It  declared  that  treason  was  to  be  punished,  and  resist 
ance  to  the  laws  was  to  be  put  down/1  *  *  *  * 

u  He  rejoiced  that  the  Convention,  by  a  unanimous 

vote,  had  approved  of  the  creed  that  law  must  and  shall 

prevail.     [Applause.]      He  rejoiced  that  we  had  a 

standard-bearer  [Mr.  Buchanan]  with  so  much  wisdom 

19 


290  APPENDIX. 

and  nerve  as  to  enforce  a  firm  and  undivided  execution 

Of  THOSE  LAWS." 

And  Mr.  Buchanan,  after  the  nomination,  replied 
to  the  Keystone  Club,  who  called  on  him  on  their  re 
turn  from  Cincinnati,  as  follows : 

"  Gentlemen,  two  weeks  since  I  should  have  made 
you  a  longer  speech,  but  now  I  have  been  placed  upon 
a  platform  of  which  I  most  heartily  approve,  and  that 
can  speak  for  me.  Being  the  representative  of  the 
great  Democratic  party,  and  not  simply  James  Bu 
chanan,  I  must  square  my  conduct  according  to  the 
platform  of  that  party ,  and  insert  no  new  plank,  nor 
take  one  from  it.  That  platform  is  sufficiently  broad 
and  national  for  the  whole  Democratic  party." 

I  shall  now  proceed  to  show  you  no  less  than  seven 
palpable  violations  of  the  organic  law,  [the  Nebraska 
Bill,]  incorporated  into  this  code  by  the  bogus  Legis 
lature  which  enacted  it.  The  President,  Judge  Doug-  - 
las,  and  Mr.  Buchanan,  who  are  all  pledged  "to 
enforce  these  Territorial  laws,"  cannot  have  failed  to 
notice  that  the  conquerors  of  Kansas  enacted  their 
code,  regardless  of  whether  its  provisions  coincided 
with  the  organic  law  or  not ;  but,  nevertheless,  where 
they  differ,  the  law  of  the  United  States  is  to  be  for 
gotten,  and  the  pro-Slavery  behests  of  the  Kansas  in 
vaders  are  to  be  carried  out  at  the  point  of  the  bayonet, 
if  necessary. 

First.  Section  twenty-two  of  the  Nebraska  Bill 
enacts  that  the  House  of  Representatives  in  Kansas 
shall  consist  of  twenty-six  members,  "  whose  term  of 
service  shall  continue  one  year."  That  does  not  mean 


APPENDIX.  291 

eighteen,  nineteen,  or  twenty  months ;  but  "  one  year," 
and  one  year  only.  The  Legislature  of  Kansas  was 
elected  on  the  30th  day  of  March,  1855 — a  day  which 
has  become  famous  from  the  discussions  in  this  House 
and  elsewhere  in  regard  to  it ;  and,  Sir,  if  you  will 
turn  to  page  280  of  this  Kansas  code,  you  will  see  that 
there  is  not  to  be  an  election  for  members  of  the  lower 
House  of  the  Legislature  until  the  first  Monday  in 
October,  in  the  year  1856 — over  eighteen  months  after 
the  first  Legislature  was  elected.  If  you  turn,  then,  to 
page  403,  you  will  find  that  no  regular  session  of  that 
Legislature  is  to  be  held  until  January,  1857  ;  so  that 
the  term  of  that  House  of  Representatives,  in  defiance 
of  the  organic  law,  is  prolonged  to  twenty-two  months 
instead  of  twelve  months.  Sir,  their  term  has  expired 
now.  There  is  no  Legislature  in  the  Territory  of 
Kansas  this  day ;  and,  therefore,  in  the  language  of  the 
Declaration  of  Independence,  "  the  legislative  powers, 
incapable  of  annihilation,  have  returned  to  the  people 
at  large  for  their  exercise."  For  exercising  them,  how 
ever,  in  no  conflict  with  the  Territorial  government, 
but  carefully  avoiding  it,  and  abstaining  from  putting 
any  legislation  in  force,  but  only  organizing  as  a  State 
to  apply  for  admission  here  as  "a  redress  for  their 
grievances" — for  doing  this,  the  court  of  Judge  Le- 
compte  arraigns  them  for  treason,  and  scatters  its  in 
dictments  all  over  the  Territory. 

Second.    The  same  section  of  the  Kansas  organic 
law  savs  that  the  members  of  the  Council  shall  serve 

V 

for  "two  years;"  but  their  term  has  been  prolonged 
in  the  same  manner  to  nearly  three  years,  so  that  the 


292  APPENDIX. 

Councillors  elected  in  March,  1855,  remain  in  office 
until  the  1st  of  January,  1858,  longer  than  a  member 
of  this  House  holds  his  seat  by  the  authority  of  his  con 
stituents.  And  it  is  to  this  Legislature,  the  senatorial 
branch  of  which,  even  if  legally  elected,  should  expire 
in  nine  months  from  this  time,  but  which,  in  defiance 
of  the  organic  law,  have  taken  upon  themselves  to  ex 
tend  their  term  to  a  period  nineteen  months  distant, 
that  Judge  Douglas  desires,  in  his  bill,  to  submit  the 
question  of  when  a  census  shall  be  taken  preparatory 
to  admission  as  a  State,  and  to  clothe  them  with  the 
superintendence  of  the  movements  in  the  Territory, 
preliminary  to  said  admission.  When  we  have  in 
vestigated  to-day  the  "  constitutionality,"  the  "justice," 
the  "impartiality,"  the  "humanity"  of  their  acts  thus 
far,  no  one  will  need  to  ask  why  I  am  not  willing,  for 
one,  to  give  them  the  slightest  degree  of  power  or  au 
thority  hereafter,  but,  on  the  contrary,  desire  to  take 
from  them  that  which  they  have  illegally  usurped  and 
tyrannically  exercised. 

But  if,  to  these  two  points,  it  is  replied,  that  the 
term  of  the  House  of  Representatives  was  intended  by 
this  mock  Legislature  to  expire  on  the  30th  of  March, 
1856,  ten  months  before  the  new  House  takes  its  seat, 
and  the  Council,  in  March,  1857,  ten  months  before 
the  new  Council  meets,  it  follows  that,  though  the  Ne 
braska  bill  extended  "popular  sovereignty"  by  giving 
the  President  absolute  control  of  two  of  the  three 
branches  of  the  Government,  the  executive  and  judi 
cial,  and  left  to  the  people  only  the  legislative,  subject 
to  a  two-thirds  veto  of  the  President's  Governor,  this 


APPENDIX.  293 

Legislature  so  legislates  -that  there  is  no  House  of  Rep 
resentatives  there  from  March,  1856,  to  January,  1857, 
and  no  Council  from  March,  1857,  to  January,  1858 — 
in  a  word,  so  that  there  can  be  no  Legislature  in  the 
Territory  from  March,  1856,  to  January,  1858,  except 
from  January  to  March,  1857,  BARELY  TWO  MONTHS  OUT 

OF  TWENTY-TWO  ! 

Third.  The  next  violation  of  the  organic  law  is 
the  enacting  of  a  fugitive  slave  law  in  that  Territory ; 
although,  by  section  twenty-eight  of  the  Nebraska  bill, 
the  fugitive  slave  law  of  the  United  States  was  de 
clared  "  to  extend  and  be  in  full  force  within  the  limits 
of  the  Territory  of  Kansas."  This  is  one  of  the  viola* 
tions  that  I  do  not  complain  much  abgut,  for  in  some 
respects  the  Territorial  law  is  milder  than  the  national 
one  and  requires  the  slave  claimant  to  pay  the  costs  in 
advance ;  but  I  allude  to  it  to  show  the  utter  reckless 
ness  of  the  Kansas  legislators  and  their  disregard  of 
the  law  of  Congress.  By  this  law,  (sections  28  and 
29,  page  329,)  persons  are  prohibited  from  taking  fugi 
tives  from  the  Territory,  except  in  accordance  with  its 
provisions,  and  are  fined  $500  if  they  do  so. 

Fourth.  The  expenses  of  the  Territory  are  paid,  as 
is  well  known,  out  of  the  national  Treasury ;  and  sec 
tion  thirty  of  the  Nebraska  bill  enacts  that  the  chief 
clerk  of  the  Legislature  shall  receive  $4  per  day,  and 
the  other  clerks  $3  per  day.  But  on  page  444  of  the 
Kansas  code,  you  will  find  an  extra  douceur  to  the 
clerks  of  fifteen  and  twenty  cents  per  hundred  words 
for  indexing  and  copying  journals;  on  page  145,  an 
other  law,  declaring  that,  if  the  Secretary  (then  acting 


294  APPENDIX. 

as  Governor  after  Governor  Reeder's  removal)  should 
refuse  his  assent  to  the  above,  the  chief  and  assistant 
clerks  should  receive  $100  each  out  of  the  Treasury, 
besides  their  per  diem ;  and  on  the  next  page,  page 
146,  the  pay  of  the  enrolling  and  engrossing  clerks  is 
increased  to  $4  per  day,  on  the  like  contingency,  al 
though  the  organic  law  expressly  fixed  it  at  $3  per 
day.  The  legislators  acted  as  if  they  had  not  only  con 
quered  the  people  of  Kansas,  but  the  national  Treasury 
also. 

Fifth.  Section  twenty-two  of  the  organic  law  gives 
the  Governor  exclusively  the  right  of  determining  who 
were  elected  members  of  the  Legislature.  He  did  so, 
throwing  out  about  one-third  of  the  members  elected  at 
the  first  election,  the  reign  of  terror  and  of  violence  pre 
venting  more  contests  of  other  equally  fraudulent  re 
turns.  But  the  Legislature,  when  assembled,  without 
examination  of  the  merits  of  each  case,  and  without 
authority  to  commit  such  an  act  at  all,  threw  out  all 
the  members  elected  at  the  second  election,  and  ad 
mitted  in  their  stead  those  whose  right  to  seats  the 
Governor  had  expressly  denied. 

Sixth.  Section  twenty-four  of  the  organic  law 
enacts : 

"  That  the  legislative  power  of  the  Territory  shall 
extend  to  all  rightful  subjects  of  legislation  consistent 
with  the  Constitution  of  the  United  States  ;  but  no  law 
shall  be  fussed  interfering  with  the  primary  disposal 
of  the  soil.'1 

But  if  you  will  turn  to  page  600,  you  will  see  how 
coolly  this  bogus  Legislature  ignores  both  the  Nebraska 


APPENDIX.  295 

bill  and  the  preemption  law ;  for  it  declares,  as  if  they 
owned  the  soil,  that  in  actions  of  trespass,  ejectment, 
&c.,  settlers  shall  be  protected  in  their  preemptions,  not 
of  one  hundred  and  sixty  acres,  but  of  three  hundred 
and  twenty  acres  ;  "  that  such  claim  may  be  located  in 
two  different  parcels,  to  suit  the  convenience  of  the 
holder,"  u  without  being  compelled  to  prove  an  actual 
inclosure ;  "  and  the  still  more  flagrant  repudiation  of 
the  Congressional  preemption  law,  that  u  occupancy  by 
tenant  shall  be  considered  equally  valid  as  personal 
residence,"  under  which  the  whole  Territory  may  be 
preempted  by  Missourians.  And  this  law,  with  the 
others,  is  to  be  enforced  by  the  President ! 

Seventh.  Section  thirty  of  the  Nebraska  bill  enacts 
that  the  official  oath  to  be  taken  by  the  Governor  and 
secretary,  the  judges,  "and  all  other  civil  officers  in 
said  Territory"  shall  be  "to  support  the  Constitution 
of  the  United  States,  and  faithfully  to  discharge  the 
duties  of  their  respective  offices."  No  more — no  less. 
But  the  legislators  of  Kansas,  with  the  same  disregard 
of  the  Congressional  law  that  marked  their  other  acts, 
enacted  another  kind  of  official  oath,  on  page  438  of 
their  code,  as  follows  : 

"  SEC.  1.  All  officers  elected  or  appointed  under  any 
existing  or  subsequently-enacted  laws  of  this  Territory, 
shall  take  arid  subscribe  the  following  oath  of  office : 
"  I, ,  do  solemnly  swear  upon  the  holy  Evan 
gelists  of  Almighty  God,  that  I  will  support  the  Con 
stitution  of  the  United  States,  and  that  I  will  support 
and  sustain  the  provisions  of  an  act  entitled  '  An  act 
to  organize  the  Territories  of  Nebraska  and  Kansas,1 


296  APPENDIX. 

and  the  provisions  of  the  law  of  the  United  States  com 
monly  known  as  the  ''fugitive  slave  law,"1  and  faithfully 
and  impartially  and  to  the  best  of  my  ability  demean 
myself  in  the  discharge  of  my  duties  in  the  office  of 
• ;  so  help  me  God.' " 

You  cannot  fail  to  notice  that,  in  this  new  oath, 
framed  by  the  bogus  Legislature,  the  fugitive  slave  law 
is  elevated  to  a  "higher  law"  than  the  Constitution; 
for  the  officer  is  merely  to  "  support"  the  latter,  but  is 
required  to  swear  that  he  will  "  support  AND  SUSTAIN  " 
the  other. 

Besides  these  seven  palpable,  flagrant,  and  uncon 
cealed  violations  of  the  organic  law  organizing  the  Ter 
ritory,  I  point  you  now  to  five  equally  direct  and  open 
violations  of  the  Constitution  of  the  United  States  ;  for 
that  instrument  has  been  trampled  upon  as  recklessly 
as  the  laws  of  Congress. 

First.  The  very  first  amendment  to  the  Constitution 
of  the  United  States  prohibits  the  passage  of  any  law 
"  abridging  the  freedom  of  speech ; v  and  it  is  a  signifi 
cant  fact,  as  can  be  learned  from  Hickey's  Constitution, 
page  33,  that  this,  with  a  number  of  other  amend 
ments  to  the  Constitution  which  follow  it,  was  submit 
ted  by  Congress  to  the  various  States  in  1789,  imme 
diately  after  the  adoption  of  the  Constitution  itself, 
with  the  following  preamble  : 

"  The  conventions  of  a  number  of  States  having,  at 
the  time  of  their  adopting  the  Constitution,  expressed 
a  desire,  in  order  to  prevent  misconstruction  or  abuse  of 
its  power,  that  further  declaratory  and  restrictive  clauses 
should  be  added." 


APPENDIX.  297 

Therefore  the  amendments  that  followed  were  pro 
posed. 

Thus  it  is  conclusively  proven  that  the  amendment, 
prohibiting  any  abridgment  of  the  freedom  of  speech, 
was  adopted  to  prevent  "  an  abuse  of  power"  which  our 
forefathers  feared  might  be  attempted  by  some  degene 
rate  descendants  at  some  later  period  of  our  history. 
But,  though  they  thus  sought  to  preserve  and  protect 
free  speech,  by  constitutional  provision,  their  prophetic 
fears  have  been  realized  by  the  enactors  of  the  Kansas 
code.  Its  one  hundred  and  fifty-first  chapter,  on  pages 
604  and  605,  is  entitled  "  An  act  to  punish  offences 
against  slave  property  ;"  and  there  is  no  decree  of 
Austrian  despot  or  Russian  Czar  which  is  not  merciful, 
in  comparison  with  its  provisions.  Here,  Sir,  in  the 
very  teeth  of  the  Constitution,  is  section  twelve  of  that 
chapter : 

"  If  any  free  person,  by  speaking  or  by  writing,  as 
sert  or  maintain  that  persons  have  not  the  right  to  hold 
slaves  in  this  Territory,  or  shall  introduce  into  this 
Territory,  print,  publish,  write,  circulate,  or  cause  to  be 
introduced  into  this  Territory,  written,  printed,  pub 
lished,  or  circulated  in  this  Territory,  any  book,  paper, 
magazine,  pamphlet,  or  circular,  containing  any  denial 
of  the  right  of  persons  to  hold  slaves  in  this  Territory, 
such  persons  shall  be  deemed  guilty  of  felony,  and  pun 
ished  by  imprisonment  at  hard  labor  for  a  term  of  not 
less  than  two  years" 

How  many  more  than  two  years  he  shall  be  pun 
ished  is  left  to  the  tender  mercy  of  Judge  Lecompte 
and  the  jury  which  "Sheriff  Jones  "  will  select  for 


298  APPENDIX. 

their  trial.  The  President  of  the  United  States  has 
sworn  to  support  the  Constitution ;  but  this,  with  the 
other  "laws  of  Kansas,"  are  to  be  enforced  by  him, 
despite  that  Constitution,  with  the  army  of  the  United 
States ;  and  Mr.  Buchanan  is  pledged  by  Judge 
Douglas  to  "  the  firm  and  undivided  execution  of  those 
laws."  But,  Sir,  in  a  few  short  months  the  people,  the 
free  people  of  the  United  States,  will  inaugurate  an 
Administration  that  will  do  justice  to  the  oppressed 
settlers  of  Kansas,  that  will  restore  to  them  their  be 
trayed  rights,  will  vindicate  the  Constitution,  and  will 
place  in  the  offices  of  trust  of  that  ill-fated  Territory 
men  who  will  overthrow  the  "  usurpation,"  give,  their 
official  influence  to  freedom  and  the  right,  rather  than 
to  Slavery  and  the  wrong,  and  protect  rather  than  op 
press  the  citizens  whom  they  are  called  upon  to  govern 
and  to  judge. 

Second.  The  same  constitutional  amendment  pro 
hibits  the  passage  of  any  law  "  abridging  the  freedom 
of  the  press  ;  "  and  here,  Sir,  in  flagrant  violation  of  it, 
is  the  llth  section  of  the  same  law  in  the  Kansas  code, 
page  605 : 

u  If  any  person  print,  write,  introduce  into,  publish, 
or  circulate,  or  cause  to  be  brought  into,  printed,  writ 
ten,  published,  or  circulated,  or  shall  knowingly  aid  or 
assist  in  bringing  into,  printing,  publishing,  or  circu 
lating,  within  this  Territory,  any  book,  paper,  pamphlet, 
magazine,  handbill,  or  circular,  containing  any  state 
ments,  arguments,  opinions,  sentiment,  doctrine,  ad 
vice,  or  innuendo,  calculated  to  produce  a  disorderly, 
dangerous,  or  rebellious  disaffection  among  the  slaves 


APPENDIX.  299 

in  this  Territory,  or  to  induce  such  slaves  to  escape 
from  the  service  of  their  masters,  or  to  resist  their  au 
thority,  he  shall  be  guilty  of  felony,  and  be  punished  by 
imprisonment  and  hard  labor  for  a  term  not  less  than 
five  years" 

And,  under  this  atrociously  unconstitutional  pro 
vision,  a  man  who  "  brought  into  "  the  Territory  of 
Kansas  a  copy  of  "Jefferson's  Notes  on  Virginia," 
which  contains  an  eloquent  and  free-spoken  condemna 
tion  of  Slavery,  could  be  convicted  by  one  of  "  Sheriff 
Jones's  "  juries  as  having  introduced  a  "  book,"  contain 
ing  a  "  sentiment  "  "  calculated  "  to  make  the  slaves^ 
"  disorderly,"  *and  sentenced  to  five  years'  hard  labor. 
Probably  under  this  provision,  as  well  as  the  charge  of 
high  treason,  George  W.  Brown,  editor  of  the  Herald 
of  Freedom,  at  Lawrence,  has,  after  his  printing-press 
has  been  destroyed  by  the  order  of  Judge  Lecompte's 
court,  been  himself  indicted,  and  is  now  imprisoned, 
awaiting  trial  —  kept,  too,  under  such  strict  surveillance, 
far  worse  than  murderers  are  treated  in  a  civilized 
country,  that  even  his  mother  and  wife  were  not  al 
lowed  to  visit  him  until  he  had  humbly  petitioned  the 
Governor  for  permission.  And  this  upon  the  soil  of  a 
Territory  which  our  forefathers,  in  1820,  in  this  very 
Hall,  dedicated,  by  solemn  compact,  to  u  freedom  for 


ever." 


Third.  The  sixth  amendment  to  the  Constitution 
of  the  United  States  declares  that,  "  In  all  criminal 
prosecutions,  the  accused  shall  enjoy  the  right  to  a 
speedy  and  public  trial,  by  an  IMPARTIAL  jury."  It  is 
significant  that,  in  the  Constitution  itself,  it  had  been 


300  APPENDIX. 

provided  (article  3,  section  2),  that  athe  trial  of  all 
crimes,  except  in  cases  of  impeachment,  shall  be  by 
jury."  But,  to  prevent  "abuse  of  power,"  this,  with 
other  amendments,  was  adopted,  declaring  that  the  trial 
shall  be  by  an  impartial  jury.  I  have  already  shown 
you  how  impartially  they  are  to  be  selected  by  sheriffs 
who  go  about  and  imitate,  in  their  conduct  towards 
free-State  men,  the  example  of  Saul  of  Tarsus  in  his 
persecution  of  the  early  Christians  (Acts,  chapter  8, 
verse  3,  "  entering  into  every  house,  and  seizing  men 
and  women,  committed  them  to  prison")  ;  and  I  have 
quoted  you  a  section,  showing  how  impartially  they  are 
to  be  constituted,  with  men  on  one  side  only ;  but  in 
this  very  chapter,  the  concluding  provision,  section  thir 
teen  (page  606),  repeats  this  gross  violation  of  the  na 
tional  Constitution,  as  follows  : 

"  No  person  who  is  conscientiously  opposed  to  hold-, 
ing  slaves,  or  who  does  not  admit  the  right  to  hold  slams 
in  this  Territory,  shall  sit  as  a  juror  on  the  trial  of  any 
prosecution  for  any  violation  of  any  of  the  sections  of 
this  act." 

Here,  Sir,  in  these  instances  which  I  have  quoted, 
stand  the  Constitution  of  the  United  States  on  the  one 
side,  and  the  Kansas  code  on  the  other,  in  direct  and 
open  conflict — the  one  declaring  that  the  freedom  of 
speech  shall  not  be  abridged,  that  the  freedom  of  the 
press  shall  be  protected,  that  juries,  above  all  things 
else,  shall  be  entirely  impartial ;  the  other  trampling 
all  these  safeguards  under  foot.  And  because  a  majority 
of  the  settlers  there,  driven  from  polls  by  armed  mobs, 
legislated  over  by  a  mob  in  whose  election  they  had  no 


APPENDIX.  301 

agency,  choose  to  stand  by  and  maintain  their  rights 
under  the  Constitution,  you  have  seen  how  anarchy 
and  violence,  how  outrage  and  persecution  have  been 
running  riot  in  that  Territory,  far  exceeding  in  their 
tyranny  and  oppression  the  wrongs  for  which  our  Rev 
olutionary  forefathers  rose  against  the  masters  who 
oppressed  them ;  and  yet,  though  the  protection  they 
have  had  from  the -General  -Government  has  been  only 
the  same  kind  of  protection  which  the  wolf  gives  to 
the  lamb,  they  have,  while  repudiating  the  Territorial 
sheriffs,  bowed  in  submission  to  writs  in  the  hands  of 
the  United  States  marshal,  or  when  the  soldiers  of 
the  United  States,  yielding  to  orders  which  they  do 
not  deem  it  dishonorable  for  them  to  despise,  assist  in 
their  execution.  Such  forbearance — such  manifesta 
tions  of  their  allegiance  to  the  national  authority — be 
come  the  more  wonderful  when  it  is  apparent  as  the 
noonday  sun  that  every  attempt  has  been  made  to 
harass  them  into  resistance  to  the  authority  of  the 
United  States,  so  as  to  furnish  a  pretext,  doubtless, 
for  their  indiscriminate  imprisonment,  expulsion,  or 
massacre. 

Fourth.  The  Constitution  also  prohibits  cruel  and 
unusual  punishments.  I  shall  show,  before  I  close,  that 
this  so-called  Kansas  Legislature  has  prescribed  most 
cruel  and  unusual  punishments,  unwarranted  by  the 
character  of  the  offences  punished,  and  totally  dispro- 
portioned  to  their  criminality. 

Fifth.  The  Constitution  declares  (article  1,  sec 
tion  9)  that  "  the  privilege  of  the  writ  of  habeas  cor 
pus  shall  not  be  suspended,  unless,  when  in  cases  of 


302  APPENDIX. 

rebellion  or  invasion,  the  public  safety  may  require  it.11 
But  the  Kansas  code,  in  its  chapter  of  habeas  corpus, 
(article  3,  section  8,  page  345,)  enacts  as  follows : 

"  No  negro  or  mulatto,  held  as  a  slave  within  this 
Territory,  or  lawfully  arrested  as  a  fugitive  from 
service  from  another  State  or  Territory,  shall  be  dis 
charged,  nor  shall  his  right  of  freedom  be  had  under 
the  provisions  of  this  act."  - 

This  provision,  suspending  the  writ  of  habeas  corpus 
in  the  above  cases,  is  not  only  a  violation  of  the  Con 
stitution,  but  also  of  the  organic  law;  for  that  provided, 
in  section  28,  for  appeals  to  the  Supreme  Court  of  the 
United  States  on  writs  of  habeas  corpus,  in  cases  in 
volving  the  right  of  freedom,  the  issuing  of  which  this 
Territorial  law  expressly  prohibits.  The  language  of 
the  Nebraska-Kansas  act  is  as  follows : 

"  Except  also  that  a  writ  of  error  or  appeal  shall 
also  be  allowed  to  the  Supreme  Court  of  the  United 
States,  from  the  decision  of  the  said  supreme  court, 
created  by  this  act,  or  of  any  judge  thereof,  or  of  the 
district  courts  created  by  this  act,  or  of  any  judge  there 
of,  upon  any  writ  of  habeas  corpus,  involving  the  ques 
tion  of  personal  freedom" 

But  the  Kansas  Legislature  coolly  set  aside  the 
law  of  the  United  States,  by  which  alone  their  Territo 
rial  organization  was  brought  into  existence,  and  effec 
tually  prohibited  any  appeal  to  the  Supreme  Court 
"  upon  any  writ  of  habeas  corpus,  involving  the  ques 
tion  of  personal  freedom,1'  by  declaring  that  the  writ 
shall  not  be  used  in  the  Territory  for  any  such  pur 
pose  1 


APPENDIX.  303 

Having  now  referred  to  a  few  of  the  many  acts  em 
braced  in  this  code,  which  conflict  with  the  Constitution 
or  the  organic  law,  I  proceed  to  the  examination  of 
other  provisions,  some  of  which  stamp  it  as  a  code  of  bar 
barity,  as  well  as  of  tyranny — of  inhumanity  as  well  as 
of  oppression.  And  first  to  "  the  imprisonment  at  hard 
labor,"  which  is  made  the  punishment  for  "offences 
against  the  slave  property,"  in  the  sections  which  I 
have  already  quoted.  The  general  understanding  of 
the  people  at  large  has  been  that,  as  there  was  no  State's 
prison  yet  erected  in  Kansas,  this  imprisonment  would 
be  in  some  Missouri  prisons  near  the  frontier.  But, 
Sir,  such  is  not  the  case.  The  authors  of  these  disgrace 
ful  and  outrageous  enactments,  with  a  refinement  of 
cruelty,  provided  that  the  "  hard  labor"  should  be  in 
another  way  ;  and  that  way  will  be  found  in  chapter 
22,  entitled  "  an  act  providing  a  system  of  confinement 
and  hard  labor,"  section  2  of  which  (page  147)  reads 
as  follows : 

"  Every  person  who  may  be  sentenced  by  any  court 
of  competent  jurisdiction,  under  any  law  in  force  within 
this  Territory,  to  punishment  by  confinement  and  hard 
labor,  shall  be  deemed  a  convict,  and  shall  immediately, 
under  the  charge  of  the  keeper  of  such  jail  or  public 
prison,  or  under  the  charge  of  such  person  as  the  keeper 
of  such  jail  or  public  prison  may  select,  be  put  to  hard 
labor,  as  in  the  first  section  of  this  act  specified,  [to 
wit,  "  on  the  streets,  roads,  public  buildings,  or  other 
public  works  of  the  Territory" — Sec.  1,  page  146:] 
and  such  keeper  or  other  person,  having  charge  of  such 
convict,  shall  cause  such  convict,  while  engaged  at  such 


304  APPENDIX. 

labor,  to  be  securely  confined  by  A  CHAIN  six  FEET  IN 
LENGTH,  of1  not  less  than  four  sixteenths  nor  more  than 
three  eighths  of  an  inchlinks,  with  a  BOUND  BALL  OF  IRON, 
of  not  less  than  four  nor  more  than  six  inches  in  diame 
ter,  attached,  which  chain  shall  be  securely  fastened  to  THE 
ANKLE  of  such  convict  with  a  strong  lock  and  key  ;  and 
such  keeper  or  other  person  having  charge  of  such 
convict  may,  if  necessary,  confine  such  convict  while  so 
engaged  at  hard  labor,  by  other  chains,  or  other  means, 
in  h'is  discretion,  so  as  to  keep  such  convict  secure  and 
prevent  his  escape  ;  and  when  there  shall  be  TWO  or 
more  convicts  under  the  charge  of  such  keeper,  or  other 
person,  such  convicts  shall  be  FASTENED  TOGETHER  by 
strong  chains,  with  strong  locks  and  keys,  during  the 
time  such  convicts  shall  be  engaged  in  hard  labor  with 
out  the  walls  of  any  jail  or  prison." 

And  this  penalty,  revolting,  humiliating,  debasing 
as  it  is,  subjecting  a  free  American  citizen  to  the  public 
sneers  and  contumely  of  his  oppressors,  far  worse  than 
within  the  prison  walls,  where  the  degradation  of  the 
punishment  is  relieved  by  its  privacy,  is  to  be  borne 
from  two  to  five  long  years  by  the  men  of  Indiana  and 
Ohio,  of  New  England  and  New  York,  of  Pennsylva 
nia,  and  the  far  West,  who  dare  in  Kansas  to  declare 
by  speech,  or  in  print,  or  to  introduce  therein  a  hand 
bill  or  paper,  which  declares  that  "  persons  have  not 
the  right  to  hold  slaves  in  this  Territory."  The  chain 
and  ball  are  to  be  attached  to  the  ankle  of  each,  and 
they  are  to  drag  out  their  long  -penalty  for  exercising 
their  God-given  and  constitutionally-protected  freedom 
of  speech,  manacled  together  in  couples,  and  working, 


APPENDIX.  305 

in  the  public  gaze,  under  task- masters  to  whom  Alge- 
rine  slaveholders  would  be  preferable. 

Sir,  as  this  is  one  of  the  laws  which  the  Democrat 
ic  party,  by  its  platform,  has  resolved  to  enforce, 
and  which  the  President  of  the  United  States  intends 
to  execute,  if  needs  be,  with  the  whole  armed  force 
of  the  United  States,  I  have  procured  a  specimen  of 
the  size  of  the  iron  ball,  which  is  to  be  used  in  that 
Territory  under  this  enactment,  and  only  regret  that 
I  cannot  exhibit  also  the  iron  chain,  six  feet  in 
length,  which  is  to  be  dragged  with  it,  through  the 
hot  summer  months,  and  the  cold  wintry  snows,  by 
the  free-State  "  convicts  "  in  Kansas.  [Here  Mr.  C. 
exhibited  a  large  and  heavy  iron  ball,  six  inches  in 
diameter,  and  eighteen  inches  in  circumference.] 

Mr.  Chairman,  if  the  great  men  who  have  passed 
away  to  the  spirit-land  could  stir  themselves  in  their 
graves,  and,  coming  back  to  life  and  action,  should 
utter  on  the  prairies  of  Kansas  the  sentiments  declared 
by  them  in  the  past,  how  would  they  be  amazed  at  the 
penalties  that  would  await  them  on  every  side,  for  the 
utterance  of  their  honest  convictions  on  Slavery.  Said 
Washington  to  John  F.  Mercer,  in  1786 : 

"  I  never  mean,  unless  some  particular  circum 
stance  should  compel  me  to  it,  to  possess  another  slave 
by  purchase,  it  being  among  my  first  wishes  to  see  some 
plan  adopted  by  which  Slavery  in  this  country  may  be 
abolished  by  law? 

Said  Jefferson,  in  his  Notes  on  Virginia  : 

"  TJie  whole  commerce  between  master  and  slave  is  a 
continual  exercise  of  the  most  unremitting  despotism  on 
20, 


306  APPENDIX. 

the  one  part,  and  degrading  submission  on  the  other. 

With  what  execration  should 

the  statesman  be  loaded,  who,  permitting  one  half  of 
the  citizens  thus  to  trample  on  the  rights  of  the  othe^, 
transforms  those  into  despots,  and  these  into  enemies, 
destroys  the  morals  of  the  one  part,  and  the  amor  patrice 
of  the  other !  Can  the  liberties  of  a  nation  be  thought 
secure,  when  we  have  removed  their  only  firm  basis — a 
conviction  in  the  minds  of  the  people  that  these  liberties 
are  the  gift  of  God  ?  That  they  are  not  violated  but 
by  his  wrath?  INDEED,  I  TREMBLE  FOR  MY  COUNTRY 

WHEN  I  REFLECT  THAT  GOD  IS  JUST,  AND  HIS  JUSTICE  CAN 
NOT  SLEEP  FOREVER.11 

Surely  such  language,  in  the  eyes  of  a  pro-Slavery 
jury,  would  be  considered  as  "  calculated  "  to  render 
slaves  "disorderly.11  And  surely,  in  the  language  of  the 
President  and  his  party,  "  the  law  must  be  enforced.11 
Come,  then,  "  Sheriff  Jones,11  with  your  chain  and  ball 
for  each  of  these  founders  of  the  Republic,  and  man 
acled  together  let  them,  as  they  pursue  their  daily 
work,  chant  praises  to  "  the  great  principle  for  which 
our  Revolutionary  fathers  fought,11  and  of  which  the 
defenders  of  the  Nebraska  bill  told  us  that  law  was  the 
great  embodiment. 

Said  Mr.  Webster  in  his  Marshfield  speech  in 
1&48  : 

"I  feel  that  there  is  nothing  unjust,  nothing  of 
which  any  honest  man  can  complain,  if  he  is  intelli 
gent,  and  I  feel  that  there  is  nothing  for  which  the 
civilized  world,  if  they  take  notice  of  so  humble  an  in 
dividual  as  myself,  will  reproach  me,  when  I  say,  as  I 


APPENDIX.  307 

said  the  other  day,  that  I  have  made  up  my  mind,  for 
one,  that  under  no  circumstance  will  I  consent  to  the 
extension  of  the  area  of  Slavery  in  the  United  States, 
or  to  the  further  increase  of  slave  representation  in  the 
House  of  Representatives" 

And  again  in  1850 : 

"  Sir,  wherever  there  is  a  particular  good  to  be 
done — wherever  there  is  afoot  of  land  to  be  stayed  back 
from  becoming  slave  territory — /  am  ready  to  assert 
the  principle  of  the  exclusion  of  Slavery" 

Said  the  noble  old  statesman  of  Kentucky,  Henry 
Clay,  in  1850: 

"  I  have  said  that  I  never  could  vote  for  it  myself; 
and  I  repeat,  that  I  never  can,  and  never  will. vote,  AKD 
NO  EARTHLY  POWER  ever  will  make  me  vote,  to  spread 
Slavery  over  territory  where  it  does  not  exist" 

Surely  this,  too,  conflicts  with  the  law  of  Kansas. 
Hurry  them,  Judge  Lecompte,  to  the  chain-gang ;  and 
as  they  commence  their  years  of  disgraceful  and  de 
grading  punishment,  forget  not  to  read  them  from  the 
Nebraska  bill  that  "  its  true  intent  and  meaning "  is 
"to  leave  the  people  thereof  perfectly  free  (not  only 
free,  but  PERFECTLY  free)  to  form  and  regulate  their  do 
mestic  institutions  in  their  own  %vay,  subject  only  to 
the  Constitution  of  the  United  States." 

There  is  another  portion  of  this  act  to  which  I  wish 
to  call  special  attention.  It  is  the  succeeding  section 
to  the  above  (sec.  3,  page  147) : 

"  Whenever  any  convict  shall  be  employed  at  labor 
for  any  incorporate  town  or  city,  or  any  county,  such 
town,  city,  or  county,  shall  pay  into  the  Territorial 


308  APPENDIX. 

treasury  the  sum  of  fifty  cents  for  each  convict,  for 
every  day  such  convict  shall  be  engaged  at  such  labor; 
and  whenever  such  convict  shall  be  employed  upon 
PRIVATE  HIRING  at  labor,  it  shall  be  at  such  price  each, 
per  day,  as  may  be  agreed  upon  with  such  keeper  or 
other  person  having  charge  of  such  ;  and  the,  proceeds 
of  said  labor  shall  be  collected  by  such  keeper  and  put 
into  the  Territorial  treasury." 

Not  content  with  the  degradation  of  the  chaingang, 
a  system  of  WHITE  SLAVERY  is  to  be  introduced  by 
"private  hiring;"  and  the  "convicts,"  sentenced  for 
the  exercise  of  the  freedom  of  speech  and  of  the  press, 
are  to  be  hired  out  during  their  servitude,  if  their 
"  keeper "  sees  fit,  to  the  heartless  men  who  this  day 
are  hunting  them  from  their  homes,  and  burning  their 
dwellings  over  their  heads.  But  "  the  laws  are  to  be 
executed ; "  and  though  they  are  the  offspring  of  the 
most  gigantic  fraud  ever  perpetrated  upon  a  free  peo 
ple,  if  there  is  no  change  in  the  policy  of  the  Govern 
ment,  and  if  the  party  which  controls  its  action  is  not 
hurled  from  power,  we  shall,  doubtless,  next  year  see 
Governor  Robinson  (if  not  previously  executed  for 
treason)  with  the  iron  chain  and  ball  to  his  ankle,  hired 
from  the  convict-keener  by  Governor  Shannon  to  do 
his  menial  service ;  or  to  be  punished,  if  he  disobeys 
his  masters  orders,  like  a  Southern  slave.  And  Judge 
Lecompte  would  have  the  privilege,  too,  and  would, 
doubtless,  exercise  it,  of  having  Judge  Wakefield  as 
his  hired  serf,  dragging,  for  two  or  five  years  to  come, 
his  chain  and  ball  after  him  as  he  enters  his  master's 
presence,  or  obeys  his  master's  command.  And 


APPENDIX.  309 

i 

Marshal  Donaldson,  with  "  Sheriff  Jones,"  and  String- 
fellow,  would  not  certainly  be  behind  their  superiors 
in  the  retinue  of  free-State  slaves .  whom  they  could 
satisfy  their  revenge  upon  by  hiring  as  their  menials 
from  the  keeper  of  the  Kansas  convicts. 

There  are  many  things  in  this  code  of  which  I  de 
sire  to  speak,  but  which  I  will  not  have  time  to  allude 
to,  as  my  hour  is  rapidly  passing  away,  and  I  must 
hasten  on.  It  is  worthy  of  notice  in  passing,  that,  in 
no  place  in  this  code,  is  Slavery  expressly  established 
in  the  Territory.  Instead  of  leaving  the  people  of  the 
Territory  "perfectly  free  to  form  their  own  institu 
tions,"  Slavery  is  taken  to  be  an  institution  already  ex 
isting,  as  if  it  were  already  established  by  the  Con 
gress  of  the  United  States.  In  this  initial  legislation 
of  the  Territory,  it  is  treated  as  a  heretofore  recognized 
and  permanent  "  institution."  Thus,  by  page  60, 
slaves  are  to  be  appraised  like  other  property  of  a  de 
cedent  ;  by  page  298,  slaves  are  to  be  taken  in  execu 
tion  for  debt;  by  page  432,  mortgages  of  slaves  are  to 
be  recorded;  by  page  556,  slaves  are  to  be  taxed  by 
the  assessors ;  by  page  630,  slave  owners  are  to  be  ac 
countable  for  trespasses  by  their  slaves.  But  nowhere 
in  the  code  is  to  be  found  a  single  line,  or  section,  de 
claring  that  "  Slavery  is  hereby  established."  I  have 
no  idea  that,  even  if  the  Legislature  of  Kansas  was  to 
be  conceded  a  legal  body,  Slavery  this  day  has  a  legal 
existence  in  the  Territory.  But  to  expect  such  a  de 
cision  from  its  courts,  would  be  to  look  for  mercy  from 
a  Nero. 

As  I  was  examining  this  Sahara  of  legislation  to 


310  APPENDIX. 

i 

find,  if  possible,  one  oasis,  my  eye  fell  upon  chapter 
74,  page  323,  headed  with  the  attractive  title  of  "FREE 
DOM  ; "  and  I  rejoiced  at  the  certainty  of  finding  some 
thing  worthy  of  approval  in  its  provisions.  But,  alas ! 
it  is  a  fit  .associate  for  the  rest.  By  it  it  appears  that 
"a  person  held  in  Slavery"  cannot  sue  for  his  freedom 
till  he  first  petitions  the  court  for  leave  to  establish  his 
right  to  freedom.  If  that  leave  is  denied,  whether  he 
is  legally  or  illegally  held  in  Slavery,  no  matter  how 
clearly  he  could  prove  his  freedom,  yet,  if  the  court 
withholds  its  permission,  he  has  no  alternative  but  to 
continue  in  Slavery  till  death  frees  him  from  his  unjust 
servitude.  But  if  the  court  consent,  he  can  only  go 
on  by  giving  security  for  the  costs,  when  it  is  a  con 
ceded  fact  that,  as  a  slave,  he  has  not  a  dollar  or  a 
copper  of  his  own  in  the  world,  and  cannot  even  mort 
gage  his  own  labor  for  indemnification  of  his  security. 
On  page  325,  section  12,  of  this  same  law,  there  is  a 
singular  provision: 

"  If  the  plaintiff  be  a  negro  or  mulatto,  he  is  re 
quired  to  prove  his  right  to  freedom."" 

There  can  be  only  one  fair,  legitimate  inference 
from  this,  and  that  is,  that  it  is  considered  quite  possi 
ble  that  persons  not  negroes  or  mulattoes — in  other 
words,  white  persons — may  happen  to  be  held  in  Slavery 
in  Kansas ;  but  the  requirement  of  the  consent  of  the 
court  and  security  for  costs  applies  to  them  also ;  and, 
of  course,  section  14  adds:  "in  actions  prosecuted 
under  this  act,  the  plaintiff  shall  not  recover  any  dam 
ages'"'1  from  the  person  who  has  been  thus  proven  to  have 
held  him  illegally,  and  perhaps  for  years,  in  Slavery. 


APPENDIX.  311 

• 

The  code  also,  to  be  complete,  provides  for  slave- 
flogging  by  law.  By  the  one  hundred  and  twenty-second 
chapter,  on  page  454,  patrols  are  to  be  appointed  by 
the  county  boards,  who  are  to  visit  negro  quarters,  and 
to  watch  unlawful  assemblages  of  slaves.  If  slaves  are 
found  at  the  latter,  or  strolling  from  one  plantation  to 
another  without  a  pass,  they  are  to  suffer  ten  or  twenty 
lashes.  There  is  one  exception,  and  as  I  desire  to  do 
impartial  justice  to  this  code,  I  wish  to  say,  to  be 
placed  to  the  credit  of  the  men  who  enacted  it,  that 
that  whipping  clause  is  not  to  be  construed  to  prevent 
slaves  going  directly  to  or  returning  from  divine  wor 
ship  on  the  Sabbath.  They  believe,  it  seems,  in  the 
"stated  preaching  of  the  Gospel,"  and  therefore  that  is 
excepted.  But,  Sir,  when  visiting,  on  an  adjoining 
plantation,  a  woman  whom  her  master  allows  him  to 
call  his  wife,  till  he  chooses  to  sell  her  and  her  children 
to  some  distant  slaveholder,  the  lash  is  the  penalty, 
unless  he  is  provided  with  a  pass. 

The  Constitution  speaks  of  the  value  and  the  ne 
cessity  of  "a  well-regulated  militia"  And  the  bogus 
Legislature  have  taken  pains  to  keep  their  militia 
^well  regulated"  indeed.  They  have  not  failed  to 
keep  the  military  force  of  th,e  Territory  in  their  own 
hands  by  some  remarkable  provisions,  found  on  page 
419,  chapter  one  hundred  and  ten,  arid  very  truthfully 
entitled  uAn  act  to*  organize,  discipline,  and  GOVERN 
the  militia  of  this  Territory."  Not  one  solitary  jot  or 
tittle  of  power  is  given  to  the  people  of  the  Territory 
to  elect  even  a  fourth  corporal  of  the  militia.  The 
Governor,  Sir,  by  this  law,  appoints  the  generals  and 


312  APPENDIX. 

the  colonels.  The  colonels  appoint  the  captains.  The 
captains  appoint  the  sergeants,  the  musicians,  and  the 
corporals.  And  all  the  people  have  to  do  is  to  say 
Amen !  and  train  when  ordered.  Precisely  such  an 
experiment  as  this  was  tried  in  Indiana  some  years 
ago,  and  all  went  off  happily  and  smoothly  until  it 
came  to  the  people's  turn  to  train ;  which  all  over  the 
State  they  very  unanimously  declined  to  do.  There 
was  no  Lecompte  in  Indiana  to  indict  the  whole  State 
for  treason,  and  the  whole  matter  passed  off  as  an  ex 
cellent  joke,  that  offended  no  one,  officers  or  people. 
But  a  Lecompte  sits  on  the  Kansas  bench,  and  to  re 
fuse  to  obey  this  law  is  treason  in  his  eyes. 

But  there  is  more  in  this  chapter  than  meets  the 
eye  at  first.  It  provides,  in  the  first  place,  (see  page 
420,)  that  the  Territory  shall  be  divided  into  military 
divisions,  and  that  each  brigade  shall  consist  of  not 
less  than  two  nor  more  than  five  regiments.  It  is  not 
supposable,  of  course,  that,  in  the  early  settlement  of 
the  Territory,  there  will  be  more  than  two  regiments 
in  each  brigade,  especially  as.  there  are  two  divisions  of 
militia  in  the  Territory,  and  not  less  than  two  brigades 
in  each  division.  And  now,  Sir,  if  you  will  turn  to  sec 
tion  12,  page  421,  you  will  find  that,  by  its  cunningly- 
devised  provisions,  one  half  of  the  people  of  Kansas  are 
to  be  under  training  orders  of  their  superior  officers, 
bound  to  go  wherever  those  officers  command  them,  UPON 
THE  VERY  DAY  OF  THE  ELECTIONS  in  the  Territory!  That 
clause  reads — 

"  SEC.  12.  That  on  the  last  Saturday  in  the  month 
of  August,  in  every  year,  the  colonel  or  commanding 


APPENDIX.  313 

officer  of  each  regiment  and  separate  battalion  shall, 
by  written  or  printed  advertisements,  put  up  or  dis 
tributed  fifteen  days  before  said  day,  call  out  all  com 
pany  and  staff  officers  under  his  command  to  rendez 
vous  at  some  convenient  and  suitable  place,  where  they 
shall  be  formed  and  drilled  in  company  order  by  the 
commandant ;  and  at  said  rendezvous  the  commandant 
shall  give  to  the  officers  public  notice  of  the  place 
where  the  regiment  or  battalion  shall  meet,  which  place 
shall  be  within  his  district,  and  the  time  as4  follows, 
viz. :  the  first  regiment,  or  one  lowest  in  number  in  each 
brigade,  shall  meet  at  ten  o'clock  in  the  forenoon  on  the 
first  Monday  in  October"  &c. 

It  adds  that  the  next  regiment  in  each  brigade  is 
to  meet  the  ensuing  day. 

In  order  that  there  may  be  no  misunderstanding  or 
denial  that  this  is  the  regular  election  day,  I  quote 
from  chapter  66,  of  the  Code,  page  280: 

"  SEC.  1.  On  the  first  Monday  in  October,  in  the 
year  one  thousand  eight  hundred  and  fifty-five,  and  on 
the  first  Monday  in  October  every  two  years  thereaf 
ter,  an  election  for  delegate  to  the  House  of  Repre 
sentatives  of  the  United  States  shall  be  held,  at  the 
respective  places  of  holding  elections,  in  the  Territory 
of  Kansas. 

"  SEC.  2.  On  the  first  Monday  in  October,  in  the 
year  one  thousand  eight  hundred  and  fifty-six,  and 
on  the  first  Monday  in  October  in  every  year  there 
after,  an  election  for  representatives  of  the  Legislative 
Assembly,  and  for  all  other  elective  offices  not  other 
wise  provided  for  by  law,  shall  be  held,  at  the  re- 


314  APPENDIX. 

spective  places  of  holding  elections,  in  this  Terri 
tory. 

"  SEC.  3.  On  the  first  Monday  in  October,  in  the  year 
one  thousand  eight  hundred  and  fifty-seven,  and  on  the 
first  Monday  in  October  every  two  years  thereafter,  an 
election  shall  he  held,  at  the  respective  places  of  hold 
ing  elections,  for  members  of  the  council." 

On  the  very  day  of  the  election,  therefore — which 
in  every  other  State  of  the  Union  is  something  like  a 
Sabbath*,  so  far  as  ordinary  business  is  concerned, 
and  men  are  permitted  to  choose  their  own  officers  and 
legislators  as  they  see  fit,  untrammelled  by  any  power 
upon  earth,  and  when  meij,  in  many  States,  are  on  the 
day  of  election  exempt  from  arrest,  except  for  felony, 
to  aid  to  the  furthest  extent  in  leaving  the  people  per 
fectly  free  in  the  exercise  of  the  freeman's  most  price 
less  right,  the  elective  franchise — these  citizens  of  Kan 
sas  are  to  be  summoned  forth  by  their  superior  officers, 
wherever  they  may  choose  to  inarch  them,  subject  to 
the  penalties  of  an  instant  court-martial  if  they  do  not 
obey.  For  section  thirteen  says,  page  423 : 

"  If  a  non-commissioned  officer,  musician,  or  pri 
vate,  shall  be  guilty  of  disobedience  of  orders,  or  disre 
spect  to  an  officer,  during  the  time  Tie  shall  be  on  duty, 
he  shall  be  tried  by  a  court-martial,  and  fined  not 
less  than  five  dollars,  nor  more  than  twenty  dollars.11 

There  is  no  provision  in  this  chapter  by  which 
these  officers,  appointed  by  the  Governor,  are  to  sup 
ply  the  privates  with  tickets  of  an  orthodox  charac 
ter,  to  be  voted  under  their  "  orders ;  "  but  the  se 
lection  of  election-day  for  training-day  is  a  coinci- 


APPENDIX.  315 

dence  that  is  obviously  not  accidental.  The  authority 
given  by  the  French  generals  to  the  army  to  vote  as 
they  please,  but  if  they  vote,  they  must  vote  for  Na 
poleon,  is  to  be  reenacted  in  Kansas;  and  even  if 
the  freemen  of  Kansas,  under  training  orders  as  they 
are,  should  vote  as  they  please,  despite  the  reign  of 
terror  existing  there,  and  the  angry  denunciations  of 
their  officers,  they  can  be  kept  by  those  officers — as 
it  was  doubtless  intended  they  should  be — under  such 
orders  as  will  prevent  them  from  protecting  their  bal 
lot-boxes  against  the  invasion  which  is,  doubtless,  this 
fall — as  so  often  before — to  crowd  them  with  fraudu 
lent  votes. 

Section  thirteen  of  this  same  law  brings  all  the 
Sharpens  rifles  on  the  ground,  where  the  "superior  of 
ficers"  can  take  possession  of  them  under  color  of  law, 
without  fear  of  their  contents  : 

"  That  it  shall  be  the  duty  of  every  non-commis 
sioned  officer  and  private  who  owns  a  rifle,  musket,  or 
firelock,  to  appear  with  it  in*  good  order  at  every 
parade." 

The  whole  country  has  heard,  Sir,  of  the  section 
in  the  election  law  which  allows  "  inhabitants  "  to  vote 
at  the  general  election,  without  requiring  them  to  have 
resided  in  the  Territory  a  single  day ;  and  of  the  test 
oaths  to  sustain  the  fugitive  slave  law  and  the  Ne 
braska  bill,  which  are  intended  to  shut  out  all  men  op 
posed  to  both  from  the  ballot-box.  And  I  will  quote 
it  from  page  282,  because  I  desire  to  contrast  its  pro 
visions  with  another : 

"  SEC.  11.  Every  free  white  male  citizen  of  the 


316  APPENDIX. 

* 

United  States,  and  every  free  male  Indian  who  is 
made  a  citizen  by  treaty  or  otherwise,  and  over  the  age 
of  twenty-one  years,  who  shall  be  an  inhabitant  of  this 
Territory,  and  of  the  county  or  district  in  which  he 
offers  to  vote,  and  shall  have  paid  a  Territorial  tax. 
shall  be  a  qualified  elector  for  all  elective  officers ;  and 
all  Indians  who  are  inhabitants  of  this  Territory,  and 
who  may  have  adopted  the  customs  of  the  white  man, 
and  who  are  liable  to  pay  taxes,  shall  be  deemed  citizens: 
Provided,  That  no  soldier,  seaman,  or  marine,  in  the 
regular  Army  or  Navy  of  the  United  States,  shall 
be  entitled  to  vote,  by  reason  of  being  on  service 
therein:  And  provided  further,  That  no  person  who 
shall  have  been  convicted  of  any  violation  of  any  pro 
vision  of  an  act  of  Congress  entitled  '  An  act  respecting 
fugitives  from  justice,  .and  persons  escaping  from  the 
service  of  their  masters,' approved  February  12,  1793  ; 
or  of  an  act  to  amend  and  supplementary  to  said  act, 
approved  18th  September,  1850  ;  whether  such  con 
viction  were  by  criminal  proceeding  or  by  civil  action 
for  the  recovery  of  any  penalty  prescribed  by  either  of 
said  acts,  in  any  courts  of  the  United  States,  or  of  any 
State  or  Territory,  of  any  offence  deemed  infamous, 
shall  be  entitled  to  vote  at  any  election,  or  to  hold 
any  office  in  this  Territory :  And  provided  further, 
That  if  any  person  offering  to  vote  shall  be  challenged 
and  required  to  take  an  oath  or  affirmation,  to  be  ad 
ministered  by  one  of  the  judges  of  the  election,  that  he 
will  sustain  the  provisions  of  the  above-recited  acts 
of  Congress,  and  of  the  act  entitled  '  An  act  to  organ 
ize  the  Territories  of  Nebraska  and  Kansas,1  approved 


APPENDIX.  317 

May  30,  1854,  and  shall  refuse  to  take  sucJi  oath  or 
affirmation,  the  vote  of  such  person  shall  be  rejected" 

Merely  being  an  "  inhabitant,"  if  the  person  is  in 
favor  of  the  Nebraska  bill,,  and  of  the  fugitive  slave 
law,  qualifies  him  as  a  voter  in  all  the  elections  of  the 
Territory  affecting  national  or  Territorial  politics.  The 
widest  possible  door  is  opened  for  the  invaders  to  come 
over  and  carry  each  successive  election  as  "  inhabitants" 
for  the  time  being  of  the  Territory.  But,  turn  to  page 
750,  and  notice  the  following  provision  (section  8)  de 
fining  the  qualifications  of  voters  at  the  petty  corpora 
tion  elections  of  Lecompton : 

"  All  free  white  male  citizens  who  have  arrived  to 
the  full  age  of  twenty-one  years,  and  who  shall  be  en 
titled  to  vote  for  Territorial  officers,  and  who  shall  have 
resided  within  the  city  limits  at  least  six  months  next 
preceding  any  election,  and,  moreover,  who  shall  have 
paid  a  city  tax  or  any  city  license  according  to  ordi 
nance,  shall  be  eligible  to  vote  at  any  ward -or  city  elec- 
,  tion  for  officers  of  the  city." 

Being  an  inhabitant  a  day  clothes  a  person  with  the 
right  to  vote  for  Delegate  in  Congress,  and  Represen 
tatives  in  the  Legislature  ;  but  to  vote  at  an  insignifi 
cant  election,  in  comparison,  six  months'  residence  is 
required !  Am  I  wrong  in  judging  that  this  inverting 
the  usual  rule  shows  that  Missourians  are  wanted  at 
the  one  election,  but  not  at  the  other  ?  If  any  one 
deems  this  opinion  unjust,  let  him  study  the  following 
sections  of  the  General  Election  Law,  page  283  : 

"  SEC.  19.  Whenever  any  person  shall  offer  to  vote, 
he  shall  BE  PRESUMED  to  be  entitled  to  vote. 


*  •* 

318  APPENDIX. 

"  SEC.  20.  Whenever  any  person  offers  to  vote,  his 
vote  may  be  challenged  by  one  of  the  judges,  or  by  any 
voter,  and  the  judges  of  the  election  may  examine  him 
touching  his  right  to  vote ;  and  if  so  examined,  NO 

EVIDENCE  TO  CONTRADICT  SHALL  BE  RECEIVED." 

Certainly  these  provisions  explain  themselves,  with 
out  comment. 

I  will  now  invite  your  attention  to  a  contrast  in 
the  penal  code  of  this  Territory,  singular  in  its  char 
acter,  to  say  the  very  least.  Section  five  of  the  act 
punishing  offences  against  slave  property,  page  604, 
enacts  as  follows : 

"  If  any  person  shall  aid  or  assist  in  enticing,  de 
coying,  or  persuading,  or  carrying  away,  or  sending  out 
of  this  Territory,  any  slave  belonging  to  another,  with 
intent  to  procure  or  effect  the  freedom  of  such  slave, 
or  with  intent  to  deprive  the  owner  thereof  of  the 
services  of  such  slave,  he  shall  be  adjudged  guilty  of 
grand  larceny,  and  on  conviction  thereof  SHALL  SUF 
FER  DEATH,  or  be  imprisoned  at  hard  labor  for  not  less 
than  ten  years? 

A  person  who,  by  a  pro-Slavery  packed  jury,  is 
convicted  of  aiding  in  persuading  out  of  the  Territory 
a  slave  belonging  to  another,  is  to  suffer  at  least  twice 
as  severe  a  penalty  as  he  who  is  convicted  of  committing 
the  vilest  outrage  that  the  mind  of  man  can  conceive 
of  on  the  person  of  your  wife,  sister,  or  daughter !  Nay, 
the  contrast  is  still  stronger.  The  jury,  in  the  first 
instance,  are  authorized  even  to  inflict  the  punishment 
of  death — in  the  latter,  see  page  208,  the  penalty  is 
"  not  less  than  five  years."  Such  is  the  contrast  in 


APPENDIX.  319 

Kansas  between  the  protection  of  a  wife's  or  daughter's 
honor  and  happiness,  and  that  which  is  thrown  as  a 
protecting  segis  over  the  property  of  the  slaveholder ! 

Again,  on  page  208,  you  will  find  that  the  ruffian 
who  commits  malicious  mayhem,  that  is,  without  prov 
ocation,  knocks  you  down  in  the  street,  cuts  off  your 
nose  and  ears,  and  plucks  out  your  eyes,  is  punished 
"  not  less  than  five  nor  more  than  ten  years ;"  the  same 
degree  of  punishment  that  is  meted  out  in  section  seven 
of  the  above  act,  page  605,  on  a  person  who  should  aid, 
or  assist,  or  even  "  harbor  "  an  escaped  slave ! 

On  page  209,  you  will  find  that  the  man  who  sits 
at  your  bedside,  when  you  are  prostrated  by  disease, 
and,  taking  advantage  of  your  confidence  and  helpless 
ness,  administers  poison  to  you,  but  whereby  death 
does  not  happen  to  ensue,  is  to  be  punished  unot  less 
than  five  nor  more  than  ten  years,"  though  it  is  murder 
in  the  heart,  if  not  the  deed.  And  this  is  precisely  the 
same  penalty  as  that  prescribed  by  the  eleventh  section 
(quoted  in  my  remarks  above,  on  the  five  violations  of 
the  Constitution)  against  one  who  but  brings  into  the 
Territory  any  book,  paper,  or  handbill,  containing  any 
"  sentiment "  "  calculated,"  in  the  eyes  of  a  pro- Slavery 
jury,  to  make  slaves  "disorderly."  The  man  who  takes 
into  the  Territory  Jefferson's  Notes  on  Virginia,  can 
be,  under  this  law,  hurried  away  to  the  chain-gang, 
and  manacled,  arm  to  arm,  with  the  murderous  poisoner. 

On  page  210,  the  kidnapping  and  confinement  of 
a  free  white  person,  for  any  purpose,  even,  if  a  man,  to 
sell  him  into  slavery,  or  if  a  woman,  for  a  still  baser 
purpose,  is  to  be  punished  "  not  exceeding  ten  years." 


320  APPENDIX. 

Decoying  and  enticing  away  a  child  under  twelve  years 
of  age,  from  its  parents,  "  not  less  than  six  months,  and 
not  exceeding  five  years."  But  decoying  and  enticing 
away  (mark  the  similarity  of  the  language)  a  slave  from 
his  master,  is  punished  by  death,  or  confinement,  no 
less  than  ten  years.  Here  is  the  section,  page  604  : 

"  SEC.  4.  If  any  person  shall  entice,  decoy,  or  carry 
away  out  of  this  Territory,  any  slave  belonging  to  an 
other,  with  intent  to  deprive  the  owner  thereof  of  the 
services  of  such  slave,  or  with  intent  to  effect  or  pro 
cure  the  freedom  of  such  slave,  he  shall  be  adjudged 
guilty  of  grand  larceny,  and,  on  conviction  thereof, 
shall  suffer  DEATH,  or  be  imprisoned  at  hard  labor  for 
not  less  than  ten  years" 

I  had  hoped  to  find  time  to  cite  and  comment  upon 
other  sections  in  this  code,  but  I  will  quote  but  one 
more,  showing  that,  while  a  white  man  is  compelled  to 
serve  out  the  penalty  of  his  crime,  at  hard  labor,  these 
slaveholding  legislators  have,  in  their  great  regard  for 
the  value  of  the  slave's  labor  to  his  master,  enacted 
that  a  slave,  for  the  same  offence,  shall  be  whipped, 
and  then  returned  to  him.  Here  is  the  section,  which 
I  commend  to  the  consideration  of  those  who,  while 
defending  these  laws,  nickname  the  Republicans  "nig 
ger-worshippers."  It  is  found  on  page  252  : 

USEC.  27.  If  any  slave  shall  commit  petit  larceny, 
or  shall  steal  any  neat  cattle,  sheep,  or  hog,  or  be  guilty 
of  any  misdemeanor,  or  other  offence  punishable  under 
the  provisions  of  this  act  only  by  fine  or  imprisonment 
in  a  county  jail,  or  by  both  such  fine  and  imprisonment, 
he  shall,  instead  of  such  punishment,  be  punished,  if  a 


APPENDIX.  321 

male,  by  stripes  on  his  bare  back  not  exceeding  thirty- 
nine,  or  if  a  female,  by  imprisonment  in  a  county  jail 
not  exceeding  twenty-one  days,  or  by  stripes  not  ex 
ceeding  twenty-one,  at  the  discretion  of  the  justice." 

Such,  Sir,  is  an  impartial  analysis  of  the  code  of 
Kansas,  every  allusion  to  which  has  been  proven  by 
extracts  from  the  official  copy  now  in  my  hand,  and  in 
quoting  which  I  have  referred,  in  every  instance,  to  the 
page,  the  number  of  the  section,  and  its  exact  words ; 
and  I  think  that  the  strong  language  at  the  outset  of 
my  remarks,  in  which  I  denounced  this  disgraceful  and 
tyrannical  code,  has  been  fully  justified  by  the  proofs 
I  have  laid  before  you  from  its  pages.  Let  it  not  be 
forgotten,  Mr.  Chairman,  that  it  is  because  the  people 
of  Kansas — an  overwhelming  majority  of  the  actual 
settlers  there — refuse  to  obey  these  enactments  passed 
by  a  body  of  men  elected  by  armed  mobs  of  invaders — 
that  they  have  been  delivered  over  to  persecutions  with 
out  parallel,  and  to  all  the  horrors  of  civil  war. 

Had  I  time,  I  would  desire  to  refer  to  the  history 
of  events  in  that  Territory ;  to  the  reckless  and  ruthless 
violation  of  plighted  faith  in  the  repeal  of  the  Missouri 
compromise,  which  opened  the  door  for  legislation  like 
this ;  to  the  entire  absence  of  any  protection  by  the 
President  to  the  settlers  against  personal  outrage ;  to 
the  repeated  invasions  by  which  the  whole  machinery 
of  legislation  was  usurped,  but  the  fruits  of  which  the 
President  upholds  by  cannon  and  bayonet,  with  proc 
lamations  and  penalties;  to  the  causes  which  led  to 
the  civil  war  that  has  existed  in  that  Territory  ;  to  that 
most  aggravating  of  all  insults  by  which  the  very  Jones ' 
21 


322  APPENDIX. 

who  headed  an  invading  party  of  Missourians  at  one  of 
the  polls,  and  with  his  revolver  at  the  breast  of  an 
election  judge,  gave  him  five  minutes  to  resign  or  die, 
was  commissioned  as  a  sheriff,  to  ride  booted  and 
spurred  over  the  people  whose  rights  he  had  thus  as 
sisted  in  striking  down ; — and  many  other  things  that 
make  the  blood  of  the  great  mass  of  freemen  at  the 
North  course,  as  it  never  before  coursed,  through  their 
veins.  But  I  must  allude,  before  concluding,  to  the 
mockery  of  relief  held  out  to  the  people  by  the  President 
and  his  coadjutors. 

In  his  special  message  to  Congress,  on  the  27th  of 
January  last,  the  President  thus  spoke : 

"  Our  system  affords  no  justification  of  revolution 
ary  acts  ;  for  the  constitutional  means  of  relieving  the 
people  of  unjust  administrations  and  laws,  by  a  change 
of  public  agents  and  by  repeal,  ARE  AMPLE." 

And  in  his  speech,  as  reported  in  the  Union  of 
June  10,  made  to  the  Buchanan  ratification  meeting, 
who  marched  to  the  White  House,  he  coolly  told 
them: 

"  There  will  be,  on  your  part,  no  appeal  to  unworthy 
passions,  no  inflammatory  calls  for  a  second  revolution, 
like  those  which  are  occasionally  reported  as  coming 
from  men  who  have  received  nothing  at  the  hands  of 
their  Government  but  protection  and  political  Uessings, 
no  declaration  of  resistance  to  the  laws  of  the  land." 

But  I  will  not  stop  to  allude  to  the  u  protection 
and  political  blessings "  which  the  people  of  .Kansas 
have  received  from  the  "  hands  of  their  Government," 
It  was  bitter  irony  indeed. 


APPENDIX.  .     323 

Judge  Douglas,  too,  at  the  same  meeting,  speaking 
of  the  Kansas  law,  declared  as  follows  : 

"  Or,  if  they  desire  to  have  any  of  the  laws  repealed, 
let  them  try  to  carry  their  point  at  the  polls,  and  let  the 
majority  decide  tlie  question?. 

Never,  Sir,  was  there  a  more  signal  instance  of 
"  holding  the  word  of  promise  to  the  ear,  and  breaking 
it  to  the  hope."  Where  are  the  "ample"  means  of 
obtaining  relief  from  the  unendurable  tyranny  that 
grinds  down  the  free-State  men  of  Kansas  into  the 
dust  ?  How  can  they  "  carry  their  point  at  the  polls  ?  " 
Let  facts  answer : 

1.  The  Council,  which  passed  these  laws,  has  ex 
tended  its  term  of  service  till  1858  ;  so  that,  if  the  entire 
representative  branch  was  unanimous  for  their  repeal, 
the   higher  branch   has    the    power   to   prevent   the 
slightest  change  in  them  for  two  long  years! 

2.  The  free-State  men  in  Kansas  are  absolutely  shut 
out  from  the  polls  by  test-oaths,  which  no  one  with 
the  soul  of  a  freeman,  who  traces  all  the  outrages  there 
directly  to  the  enactment  of  the  Nebraska  bill,  can  con 
scientiously  swear  to. 

3.  Even  if  they  do  go  there,  and  swear  to  sustain 
the  Nebraska  bill  and  the  fugitive  slave  law,  the  elec 
tion  law  is  purposely  framed,  as  I  have  shown,  to  in 
vite  invasions  of  Missourians,  to  control  the  elections 
in  favor  of  Slavery. 

4.  They  are  driven  from  the  jury-box  as  well  as 
disfranchised,  and  prohibited  from  acting  as  attorneys 
in  the  courts,  unless  they  take  the  test-oath  prescribed 
by  their  conquerors. 


324  APPENDIX. 

5.  Free   speech  is   not  tolerated.     They   are  left 
"  perfectly  free  to  form  and   regulate  their  domestic 
institutions  in  their  own  way,"  except,  if  they  speak  a 
word  against  Slavery,  they  are  convicted  of  felony  and 
hurried  to  the  chain-gang. 

6.  The  presses  in  the  Territory,  at  Leavenworth 
and  Lawrence,  in  favor  of  freedom,  have  been  destroyed, 
.and  the  two  last  by  authority  of  the  court  of  Judge 
Lecompte,  thus   "crushing  out"  the  freedom  of  the 
press. 

7.  Indictments  are  found  by  packed  juries  against 
every  prominent  free-State  citizen  ;  and  those  who  are 
not  forced  to  flee  from  the  Territory  are  arrested  and 
imprisoned ;    while  those  who  have  stolen  from  free- 
State  men,  tarred  and  feathered  them,  burned  their 
houses,  or  murdered  them,  go  at  large  unpunished. 

In  such  a  state  of  affairs  as  this,  to  talk  of  going  to 
the  polls  and  having  the  laAvs  repealed  is  worse  than  a 
'mockery.  It  is  an  insult.  It  is  like  binding  a  man 
hand  and  foot,  throwing  him  into  the  river,  and  telling 
him  to  swim  on  shore  and  he  will  be  saved.  It  is  like 
loading  a  man  with  irons,  and  then  telling  him  to  run 
for  his  life.  The  only  relief  possible,  if  Kansas  is  not 
promptly  admitted  as  a  State,  which  I  hope  may  be 
effected,  is  in  a  change  of  the  administration  and  of 
the  party  that  so  recklessly  misrules  the  land;  and 
that  will  furnish  an  effectual  relief. 

As  I  look,  Sir,  to  the  smiling  valleys  and  fertile 
plains  of  Kansas,  and  witness  there  the  sorrowful 
scenes  of  civil  war,  in  which,  when  forbearance  at  last 
ceased  to  be  a  virtue,  the  free-State  men  of  the  Terri- 


APPENDIX.  325 

tory  felt  it  necessary,  deserted  as  they  were  by  their 
Government,  to  defend  their  lives,  their  families,  their 
property,  and  their  hearthstones,  the  language  of  one 
of  the  noblest  statesmen  of  the  age,  uttered  six  years 
ago  at  the  other  end  of  this  Capitol,  rises  before  my 
mind.  I  allude  to  the  great  statesman  of  Kentucky, 
Henry  Clay.  And  while  the  party  which,  while  he 
lived,  lit  the  torch  of  slander  at  every  avenue  of  his 
private  life,  and  libelled  him  before  the  American  people 
by  every  epithet  that  renders  man  infamous,  as  a 
gambler,  debauchee,  traitor,  and  enemy  of  his  country, 
are  now  engaged  in  shedding  fictitious  tears  over  his 
grave,  and  appealing  to  his  old  supporters  to  aid  by 
their  votes  in  shielding  them  from  the  indignation  of 
an  uprisen  people,  I  ask  them  to  read  this  language  of 
his,  which  comes  to  us  as  from  his  tomb  to-day.  With 
the  change  of  but  a  single  geographical  word  in  the 
place  of  "  Mexico,"  how  prophetically  does  it  apply  to 
the  very  scenes  and  issues  of  this  year !  And  who  can 
doubt  with, what  party  he  would  stand  in  the  coming 
campaign,  if  he  was  restored  to  us  from  the  damps  of 
the  grave,  when  they  read  the  following,  which  fell 
from  his  lips  in  1850,  and  with  which,  thanking  the 
House  for  its  attention,  I  conclude  my  remarks : 

"  But  if,  unhappily,  we  should  be  involved  in  war, 
in  civil  war,  between  the  two  parts  of  this  Confederacy, 
in  which  tlie  effort  upon  the  one  side  should  be  to  restrain 
the  introduction  of  Slavery  into  the  new  Territories,  and 
upon  the  other  side  to  force  its  introduction  there,  what 
a  spectacle  should  we  present  to  the  astonishment  of 
mankind,  in  an  effort,  not  to  propagate  rights,  but — I 


326  APPENDIX. 

must  say  it,  though  I  trust  it  will  be  understood  to  be 
said  with  no  design  to  excite  feeling — a  war  to  propa 
gate  wrongs  in  the  Territories  thus  acquired  from 
Mexico  !  It  would  be  a  war  in  which  we  should  have 
no  sympathies,  no  good  wishes — in  which  all  mankind 
would  be  against  us  ;  for,  from  the  commencement  of 
the  Revolution  down  to  the  present  time,  we  have  con 
stantly  reproached  our  British  ancestors  for  the  intro 
duction  of  Slavery  into  this  country." 


III. 

FEEE  SUGAR 

DELIVERED   IN   THE   HOUSE  OF  REPRESENTATIVES,  FEBRUARY 

5TH,   1857. 

The  House  having  under  consideration  the  bill  (H. 
R.  No.  556)  to  reduce  the  duty  on  Imports,  and  for 
other  purposes — 

Mr.  Colfax  said : 

Mr.  Chairman :  Two  different  methods  for  raising 
the  sum  necessary  for  the  support  of  the  Government 
are  open  to  its  national  legislators — the  one  by  direct 
taxation,  and  the  other  by  a  tariff  on  importations. 
No  one  here,  amid  all  the  revenue  propositions  which 
have  been  made  or  suggested,  proposes  the  first.  The 
fact,  so  plainly  apparent,  that,  besides  the  swarm  of 
Federal  office-holders  it  would  require  and  create,  the 
amount  required  to  be  annually  raised  would  approxi 
mate  a  quarter  of  a  million  of  dollars  for  each  Repre 
sentative  in  Congress,  thus  requiring  eight  millions 
yearly  from  New  York,  nearly  four  millions  yearly 
from  Virginia,  nearly  three  millions  yearly  from  the 
State  of  Indiana,  and  in  the  same  proportion  from 
their  sister  States,  renders  it  apparently  out  of  the 
question.  And  following,  therefore,  in  the  footsteps 


328  APPENDIX. 

of  our  fathers,  who  laid  the  foundations  of  our 
republican  institutions,  all  parties  seem  to  concede 
that  the  expenses  of  the  Government  shall  be  paid 
by  that  system  of  indirect  taxation  known  as  a  tariff. 

More  than  ever  before,  however,  do  the  members 
upon  this  floor  differ  as  to  the  details  of  this  tariff.  I 
shall  not  attempt  to  contrast  or  to  condemn  the  views 
of  others ;  but  I  take  it  for  granted  that  all  agree  that 
the  duties  which  it  levies  shall  be  either  for  purposes 
of  revenue  or  of  protection,  and  that  such  as  are  not 
needed  for  either  should  be  abandoned. 

I  inquire,  therefore,  in  the  first  place,  as  my  remarks 
will  be  confined  to  the  single  item  of  sugar,  whether 
the  continuance  of  the  present  duty  upon  it  is  required 
for  revenue.  With  a  Treasury  impoverished  and  em 
barrassed,  or  a  tariff  productive  of  meagre  revenue,  as 
in  1816  and  1842,  there  might  be  two  sides  to  this 
question.  With  a  Treasury  full  to  repletion,  as  now, 
and  a  tariff  pouring  far  more  money  into  our  coffers 
than  we  need  or  desire,  it  appears  really  to  need  no 
argument.  The  fact  that  one  eighth  of  the  total 
receipts  from  customs  last  year  were  on  importa 
tions  of  sugar  and  molasses  alone — that  eight  millions 
of  dollars  yvere  thus  collected  from  the  consumers,  and 
are  now  locked  up  in  a  Treasury  that  does  not  need 
such  aid,  and  which  Vould  be  in  a  far  better  and 
healthier  state  without  it — that  the  home  production 
of  sugar  had  not  the  slightest  effect  in  controlling  or 
modifying  prices,  as  is  evident  by  the  fact  that  the 
New  York  price  has  been  exactly  the  rate  for  which 
it  sold  in  Havana,  with  the  thirty  per  cent,  duty  and 


* 

APPENDIX.  329 

the  shipping  charges  added — and  that,  counting  the 
importer's  and  retailer's  usual  profit  on  the  increased 
cost  thus  occasioned  by  the  tariff,  and  the  enhanced 
price  at  which  the  same  production  consequently  sold, 
fully  sixteen  millions  of  dollars  were  paid  by  the 
people  of  the  Union  in  consequence  of  this  single  item 
of  the  tariff; — these  points,  it  appears  to  my  judgment, 
answer  the  question  whether  this  duty  should,  or 
should  not,  be  continued  for  revenue  purposes. 

If  not  needed,  therefore,  for  revenue  purposes,  has 
the  import  duty  on  foreign  sugars  proved  beneficial  as 
a, protective  measure?  Let  the  experience  of  the  past 
few  years  answer.  They  teach  us,  with  their  unerring 
as  well  as  expensive  lesson,  that,  as  protection  lias  in 
creased  by  the  ascending  price  of  this  commodity,  pro 
duction  lias  decreased /  that  as  the  duty  has  risen  the 
home  crop  has  fallen  off,  until  at  present  it  has  virtu 
ally  run  out,  or  at  least  nearly  become  extinct.  Nay, 
further :  by  the  virtual  concessions  of  its  represent 
atives  and  advocates,  it  cannot,  even  with  the  aid  of 
the  present  high  prices,  and  consequent  high  protec 
tion,  be  revived,  except  by  the  Government  seeking  for 
and  furnishing  to  the  planters  new  cuttings  of  an  un- 
deteriorated  crop,  grown  in  more  congenial  climes, 
•  which  are  to  be  tested  as  a  last  and  forlorn  hope.  The 
fitting  out  of  a  Government  vessel  for  this  purpose  is 
a  confession  of  the  position  I  have  taken,  almost  as 
striking  as  the  brief  but  telling  admission  of  the  planters 
of  Baton  Rouge,  who,  in  their  widely-published  resolu 
tions  opposing  free  sugar,  instead  of  claiming  that  the 
tariff  has  stimulated  production,  concede,  on  the  con- 


330  APPENDIX. 

trary,  by  the  following  truthful  declaration,  that  it 
cannot,  in  all  probability,  continue  to  be  successfully 
or  profitably  cultivated  there,  even  with  protection : 

"  That  the  culture  of  sugar-cane  in  Louisiana  Jias 
already  become  very  precarious,  ~by  reason  of  the  severe 
frosts  and  the  general  depreciation  of  seed  cane."'1 

Other  reliable  statements  also  tell  us  that  the  plan 
tations  are  being  abandoned,  in  spite  of  the  large  pro 
tection  now  enjoyed,  or  else  are  in  process  of  conver 
sion  to  cotton-fields;  while  the  1,481  sugar  planters  in 
Louisiana,  who,  in  1852,  raised  nine-tenths  of  all  our 
home  production  of  cane-sugar,  had  decreased  to  1,299 
in  1855 — a  loss  of  about  one-seventh — and  are  now 
even  smaller  in  numbers ;  and  the  last  Patent  Office 
report,  in  the  following  clear,  undeniable  paragraph  of 
a  single  sentence,  gives  us  the  reason  why  the  crop 
has  become  so  uncertain,  insufficient,  and  deteriora 
ted : 

"  From  the  absence,  with  few  exceptions,  of  every 
thing  like  an  attempt  at  a  rotation  of  crops,  and  from 
an  injudicious  perseverance,  year  after  year,  in  the  cul 
ture  of  cane,  on  the  same  fields,  much  of  the  lands  in 
Louisiana  has  either  become  wholly  unfit  for  its  pro 
duction,  or  only  capable  of  yielding  diminished  crops 
at  a  continually  increasing  expenditure  of  labor  and 
money;  and  a  perseverance  in  the  same  system,  for 
some  years  longer,  will  end  in  the  total  abandonment 
of  cane  cultivation ;  for,  as  the  cost  of  the  production 
of  sugar  must  progressively  increase,  it  will  be  impos 
sible  for  the  planters  to  compete  successfully  with  those 
of  the  tropics,  where  the  cane  is  a  perennial,  the  soil 


APPENDIX.  331 

more  enduring  in  its  fertility,  and  labor  is  equally 
cheap." 

And  to  this  might  be  added  the  conclusive  fact 
stated  in  the  great  mercantile-  petition  from  New  York 
city,  presented  here  a  few  days  since  by  one  of  their 
faithful  and  efficient  Representatives,  [Mr.  Wakeman,] 
that  experience  has  proven  that  "  more  labor  is  neces 
sary  to  produce  a  given  quantity  of  sugar  in  this 
country  than  in  any  other  part  of  the  world  from  which 
the  commodity  is  brought."  And  if  the  reason  for  this 
is  asked,  it  might  be  replied  that  the  well-known  fact 
that  the  cane  does  not  mature  seed  in  our  country, 
which  it  does  in  more  congenial  climes,  is  strong  evi 
dence  that  it  is  an  exotic — that  it  can  only  be  culti 
vated  here  advantageously  in  favorable  seasons — and 
that  it  is  better,  in  a  pecuniary  point  of  view,  to  en 
courage  increased  production  where  it  is  a  natural 
crop,  by  opening  a  free  market  for  it  here,  as  we  have 
already  done  with  tea  and  coffee,  than  by  pursuing  a  hot 
house  policy  of  seeking,  by  oppressive  taxation,  to  force 
cultivation  on  uncongenial  soil  and  in  an  uncongenial 
climate. 

It  cannot  be  contended  that  the  experiment  of  pro 
tection  has  not  been  thoroughly  tested.  The  culture 
of  the  cane  was  introduced  into  Louisiana  over  a  cen 
tury  since,  in  the  year  1751 ;  and  the  tariff  upon  foreign 
sugar  has  existed  for  the  past  sixty  years.  And  yet, 
when  the  production  was  in  its  palmiest  state,  the  most 
eminent  commercial  judges  estimated  that  the  actual 
cost  of  its  culture  was  double  as  much  per  pound  in 
Louisiana  as  it  was  in  Cuba  or  Brazil ;  while  our  own 


332  *  APPENDIX. 

most  recent  statistics  show  that  the  average  product  in 
that  State  is  not  over  one  thousand  pounds  per  acre, 
while  in  the  more  congenial  climes  last  named  it  rises 
to  fully  four  and  five  times  that  amount.  In  fact,  De 
Bow's  Census  Compendium  of  1850,  page  178,  gave  the 
average  yield  even  then  at  but  one  thousand  pounds 
per  acre  in .  Louisiana,  and  seven  hundred  and  fifty 
pounds  in  Florida,  and  it  is  confessedly  much  smaller 
now ;  while  in  Mauritius,  the  yield  is  as  high  as  six 
thousand  pounds  per  acre. 

Our  commercial  reports  show  also,  as  I  have  before 
stated,  that,  instead  of  the  high  prices  stimulating 
production,  as  should  be  the  case,  if  protection  had  any 
efficacy  in  its  development,  the  exact  reverse  has  been 
the  case.  From  a  home  crop  of  five  hundred  thousand 
hogsheads  per  year  it  ran  down  last  year  to  one  hun 
dred  thousand,  and  perhaps  less,  while  the  importations 
from  abroad  have  increased  in  a  like  ratio.  Thus  al 
though,  the  total  consumption  has  remained  for  several 
years  at  the  same  aggregate,  the  increasing  prices  re 
stricting  the  ability  of  the  entire  population  to  purchase 
what  becomes  an  expensive  luxury,  the  importations 
from  abroad  have  increased  in  a  very  large  ratio.  The 
figures  are  as  follows :  Total  consumption  of  sugar  in 
the  United  States  in  1853,  372,989  tons;  in  1854, 
385,928  tons ;  in  1855,  377,752  tons  ;  in  1856,  378,760 
tons.  Imports  of  foreign  sugars  in  1854,  165,925  tons; 
in  1855,  205,064  tons;  in  1856,  275,662  tons;  esti 
mated  for  1857,  330,000  tons;  an  average  increase  of 
imports  of  twenty-five  per  cent,  for  each  successive 
year. 


APPENDIX.  333 

Eminent  statistical  writers  have  estimated,  and  their 
figures  are  borne  out  by  the  census  of  1850,  that  the 
consumption  of  sugar  by  the  people  of  the  United 
States — men,  women,  and  children  —  averages  over 
thirty  pounds  yearly  per  head.  The  three  hundred 
and  seventy-eight  thousand  seven  hundred  and  sixty 
tons  consumed  in  the  United  States  last  year  amounted 
to  eight  hundred  and  forty-eight  millions  of  pounds. 
The  census  of  1860,  but  three  years  distant,  will  show 
a  population  of  thirty-one  million  five  hundred  thou 
sand,  which  will  require  nine  hundred  and  forty-five 
million  pounds  of  sugar.  With  a  home  crop  now  of 
about  one  hundred  millions,  and  even  including  the 
maple,  which,  being  macfe  at  a  season  that  other  farm 
work  cannot  be  done,  is  not  affected  by  the  protective 
argument,  it  is  evident  that  fully  seven-eighths  of  our 
supply  is  to  be  drawn  from  abroad,  or  that  we  must 
loot  to  other  saccharine  products  for  a  substitute.  If 
we  do  not  desire,  therefore,  to  permanently  change  this 
item  of  universal  use  into  a  costly  luxury,  obtainable 
only  by  the  rich,  ought  we  not  to  abolish  this  Govern 
ment  tax  upon  its  importation,  which  serves  only  to 
enhance  its  price  without  directly  or  indirectly  benefiting 
a  single  one  of  our  citizens  out  of  every  ten  thousand 
in  the  land  ? 

Still  more  apparent  is  the  failure  of  protection  when 
it  is  seen  that  the  total  production  of  our  sugar-growers' 
is  inadequate  even  for  the  single  market  to  be  found  on 
the  banks  of  the  Mississippi.  As  before  stated,  the 
total  home  product  for  1856  is  but  100,000  hogsheads  ; 
while  the  merchants  of  the  Mississippi  valley  alone 


334  APPENDIX. 

purchased  at  New  Orleans  142,963  hogsheads  in  1855, 
and  131,027  hogsheads  in  1856,  besides  the  consump 
tion  of  that  city  and  its  neighborhood,  which  reaches 
about  16,000  tons  annually.  This  leaves  the  whole 
Atlantic  sea-board  and  the  Pacific  coast  to  rely  upon 
foreign  markets  for  their  entire  supply ;  and  the  ques 
tion  for  this  Congress  to  decide  is,  whether  they  will 
continue  to  enhance  its  cost  to  the  millions  of  con 
sumers  who  are  to  purchase  it,  by  refusing  to  abrogate 
a  tax  which  is  as  needless  for  our  revenue  as  it  is  op 
pressive  to  those  who  bear  it.  Even  this,  however, 
does  not  put  the  case  as  strongly  as  the  facts  warrant ; 
for  some  of  the  burdens  of  this  tax  are  felt  even  by  the 
State  for  whose  almost  sole  benefit  it  is  levied.  In 
Louisiana  alone,  which  in  1850  produced  just  nineteen- 
twentieths  of  all  the  cane-sugar  raised  in  the  country, 
its  city  of  New  Orleans,  in  1856,  imported  of  foreign 
sugar  for  consumption  11,579  tons,  or  over  25,000,000 
pounds,  a  fact  which  is  certainly  full  of  significance  in 
its  bearings  on  this  question.  Another  fact  also,  re 
markable  in  its  character,  is,  that  the  duties  paid  on 
our  imports  of  foreign  sugar  during  the  last  year 
amount  to  a  considerably  greater  sum  than  it  would 
Jiave  cost  to  purchase  at  Havana  all  the  sugar  raised 
in  our  whole  country  during  that  twelvemonth.  In  a 
word,  that  it  would  have  been  cheaper  for  the  United 
States  to  have  abolished  the  duty,  and  given  every 
sugar  producer  in  the  Republic  a  bounty  of  the  total 
value  of  his  crop. 

It  may  be  replied  to  these  arguments,  that  if  the 
duty   is   removed,   foreign    countries  would    increase 


APPENDIX.  335 

the  price  to  the  same  amount  But  this  was  not  our 
experience  when  tea  and  coffee  were  placed  on  the 
free  list,  some  years  ago.  Though  now  enhanced  in 
price  for  reasons  to  which  it  is  not  needful  to  advert, 
no  one  pretends  that  the  repeal  of  our  tariff  upon  them 
had  any  such  effect  or  tendency.  Great  Britain  is  not 
compelled  now  to  pay  more  for  her  flour  imported  from 
America,  the  Baltic,  or  the  Black  Sea,  because,  in 
compliance  with  the  demands  of  her  people,  her  Par 
liament  abolished  the  duties  on  this  necessary  article 
of  food.  And  neither  will  our  citizens  suffer  if,  in  the 
article  of  sugar,  conceded  to  be  nutritious  in  its  quali 
ties,  and,  therefore,  akin  to  food,  their  Senators  and 
Representatives  repeal  an  impost  which  places  almost 
the  only  luxury  of  the  poor  man's  table  beyond  his 
reach.  On  the  contrary,  no  sooner  was  this  repeal 
mooted,  than  we  heard  rumors  from  Cuba  that  it 
would  be  followed  up  on  their  part,  if  successful,  by 
the  abrogation  of  the  alnrost  prohibitory  duties  now 
levied  as  a  countervailing  tax,  upon  importations  of 
flour  from  our  ports  to  theirs,  thus  opening  a  new  and 
valuable  market  for  the  great  staple  of  the  West. 
And  the  high  prices  existing  for  all  articles  of  food  is 
an  additional  argument  why  Government  should  not 
assist  in  increasing  them  by  any  taxes  which  are  either 
onerous  or  needless. 

To  those  who  advocate  a  retention  of  the  duty  for 
the  benefit  of  the  sorghum  or  Chinese  sugar-cane, 
which  is  to  be  so  extensively  tested  all  over  the  country 
the  present  season,  I  need  only  reply  that  if  it  succeeds 
to  but  half  the  extent  that  is  claimed  for  it,  it  will 


336  APPENDIX. 

prove  that  nature  has  given  it  so  many  excellencies  as 
to  defy \  competition,  and  protection  would  be  as  use 
less  in  its  behalf  as  if  seriously  proposed  for  corn, 
cabbage,  or  cord- wood.  If  this  new  plant  will  mature 
all  over  the  country  where  Indian  corn  will  ripen — if 
it  will  produce  thirty  to  fifty  bushels  of  seed  to  the  acre 
almost  as  good  as  oats — an  extra  crop  of  fodder, 
besides  that  raised  for  sugar — and  then,  after  the 
syrup  is  pressed  from  it,  furnish  a  mash  of  eminent 
value  for  cattle,  it  would  be  a  farce  to  talk  of  encourag 
ing  its  culture  by  a  tariff.  Certainly,  the  earnestness 
and  zeal  with  which  the  American  people  are  about 
testing  its  culture  in  every  county  in  the  Union  has 
not  been  in  the  slightest  degree  checked  by  the  discussion 
in  State  Legislatures,  as  well  as  in  the  Press,  of  the 
repeal  of  the  sugar  duties,  and  would  not  be  affected 
by  its  success.  And  if  the  sorghum  does  not  succeed, 
should  the  whole  people  be  required  to  pay  a  duty  of 
thirty  dollars  on  every  hundred  dollars'  worth  of  im 
ported  sugar,  or  a  shilling  for  every  pound  of  eight- 
cent  sugar  they  use,  while  the  experiment  is  being 
tested,  and  perhaps  indefinitely  ?  The  gentleman  from 
South  Carolina  at  my  side  [Mr.  Boyce]  suggests  to  me 
that  the  Chinese  sugar-cane  will  prove  a  humbug ;  and 
if  it  does,  my  argument  is  of  course  strengthened 
thereby. 

While  I  express  my  thanks,  therefore,  to  the 
majority  of  the  Committee  of  Ways  and  Means,  who 
allowed  me,  as  the  mover  of  the  bill  declaring  sugar 
free,  which  had  been  referred  to  them,  to  present  iny 
arguments  for  their  consideration,  and  while  I  acknowl- 


APPENDIX.  337 

edge  that  the  reduction  in  the  tariff  which  they 
propose — from  thirty  per  cent,  down  to  ten  per  cent- 
is  a  noble  step  in  the  right  direction,  I  appeal  to  this 
Congress,  with  the  facts  and  figures  thus  hurriedly  con 
densed  and  laid  before  them,  to  strike  out  that  amount, 
which  would  be  but  nominal,  and  to  complete  the  trio 
of  the  poor  man's  luxuries  by  adding  sugar  to  that 
free  list  which  tea  and  coffe.e  have  already  made  so 
popular.  The  boon  will  be  marred  by  making  it 
apparently  a  grudged  or  a  partial  one.  And  if  oppo 
nents  say  it  is  an  "  experiment,"  I  answer  that  now, 
when  your  plethoric  Treasury  is  overflowing,  and  you 
know  not  what  to  do  with  your  money,  is  the  very 
time  of  all  others  that  you  can  try  that  experiment 
without  the  slightest  hazard  to  your  national  finances. 
It  cannot  be  called  "sectional"  for  the  twenty-five 
millions  of  consumers  of  sugar  are  to  be  found  in  every 
section  of  the  Union — East  and  West,  North  and 
South.  It  must  be  a  "  national "  relief,  for  even  the 
merchants  of  New  Orleans  paid  duties  into  our  Treas 
ury  last  year  on  the  importation  of  twenty-five 
million  pounds ;  and  Baltimore,  another  southern  port, 
on  forty- three  millions  more,  besides  the  quantity 
received  at  other  points  further  towards  our  northern 
boundary. 

I  have  purposely  avoided  any  reference  to  other 
interests  which  are  affected  by  the  tariff,  because  I 
preferred  to  treat  of  this  single  question  on  its  own 
merits.  But  I  am  free  to  say,  that  while  I  believe 
that  duties  should  be  so  discriminated  as  to  encourage 
home  manufactures ;  that  is  to  say,  for  instance,  that 
22 


338  APPENDIX. 

woollen  manufactures  should  not  be  admitted,  as  is  the 
case  now  with  some  varieties,  (baizes,  bockings,  &c.,) 
at  a  smaller  duty  than  the  wool  itself,  thus  encourag 
ing  foreign  manufactures  at  the  expense  of  our  own, 
I  also  hold  it  to  be  the  primal  duty  of  our  legislation 
so  to  adjust  the  burdens  of  taxation,  especially  on 
articles  in  the  shape  of  food,  that  they  shall  fall  as 
lightly  as  possible  on  those  of  slender  means.  And  I 
sincerely  believe,  that  whatever  may  be  the  result  of 
the  proposition  at  this  session,  (if  other  interests  should 
combine  to  strike  down  this  movement,)  our  whole 
people  will  wonder,  ten  years  hence,  how  this  duty 
could  have  been  continued  so  long,  as  they  would  now 
wonder  if  an  American  Congress  was  to  reimpose  a 
tariff  on  tea  and  coffee. 

For  one  State — the  one  I  have  the  honor  in  part 
to  represent  here — I  am  fortunately  at  no  loss  to  know 
what  are  her  desires.  Since  the  introduction  of  the 
proposition  which  I  have  been  defending,  her  Legisla 
ture,  now  in  session,  has  passed  a  joint  resolution 
requesting  her  Congressional  delegation  to  vote  for  the 
entire  repeal  of  the  existing  duties  on  sugar.  Though 
the  two  branches  of  that  Legislature  are  at  wide 
variance  politically  on  nearly  all  the  questions  of 
the  day,  this  is  one  of  the  very  few  things  they  have 
mutually  agreed  upon ;  and  on  a  call  of  the  yeas  and  nays 
in  both  Houses,  but  nine  members  out  of  the  one 
hundred  and  fifty  voted  against  it.  I  believe  a  like 
preponderance  of  sentiment  would  be  found  in  an 
overwhelming  majority  of  the  States,  South  as  well  as 
North,  if  the  question  was  tested.  And  though  I  dis- 


APPENDIX.  339 

claim  all  right  to  speak  for  any  other  district  but  my 
own,  I  should  confess  my  surprise,  if  the  question  of 
free  sugar  were  submitted  to  the  voters  of  every 
district  in  the  land,  if  a  majority  could  be  found  in 
twenty  out  of  the  two  hundred  and  thirty-four  to 
vote  against  it.  Convinced  that  I  will  most  truly 
represent  the  wishes  of  an  overwhelming  majority  of 
the  people  of  my  own  district,  as  I  feel  a  Representative 
should,  by  an  earnest  effort  to  abrogate  the  duty  on 
an  indispensable  luxury  of  life — a  duty  that  is  felt 
to  be  as  impotent  to  sustain  unprofitable  sugar  works, 
as  it  is  needless  for  the  revenues  of  the  nation,  which 
compels  us  to  pay  far  more  money  for  a  limited  supply 
than  the  amplest  quantity  needed  ever  cost  us  before, 
and  which  takes  money  out  of  the  pockets  of  the  people 
to  pour  into  a  Treasury  so  filled  to  excess  already, 
that  it  will  prove  an  evil  instead  of  a  blessing,  I  shall 
enbrace  the  first  opportunity  which  offers  under  the 
rules,  to  move  to  amend  the  bill  now  under  discussion, 
by  adding  sugar  to  its  free  list,  and  trust  I  shall  be 
sustained  by  a  majority  of  this  House. 


IV. 


REMARKS  OF  MR  GOLF  AX  ON  THE  RES- 
OLUTION  TO  EXPEL  THE  DELEGATE 
FROM  UTAH  TERRITORY. 

DELIVERED   IN   THE    HOUSE  OF   REPRESENTATIVES,  DECEMBER 

23D,   1857. 

Mr.  Colfax. — I  dislike,  Mr.  Speaker,  to  dissent 
from  the  views  which  have  been  so  ably  presented  by 
distinguished  gentlemen,  who  are  emphatically  leaders 
of  this  House,  the  gentleman  from  Massachusetts  [Mr. 
Banks],  the  gentleman  from  Maryland  [Mr.  Davis], 
the  gentleman  from  Virginia  [Mr.  Bocock],  and  the 
gentleman  from  Kentucky  [Mr.  Marshall] ;  but  I 
think  that  the  self-respect  of  the  American  Congress, 
the  representatives  of  twenty-five  millions  of  American 
freemen,  demands  at  least  that  this  investigation  should 
be  had. 

Gentlemen  say  that  this  resolution  is  extraordinary 
in  its  character.  If  so,  sir,  it  is  introduced  for  the 
purpose  of  meeting  an  extraordinary  state  of  affairs, 
anomalous  in  its  character,  and  without  precedent  in 
the  history  of  this  nation.  I  say  nothing  in  regard  to 
the  immoral  practices  which  prevail  in  the  Territory 
of  Utah,  and  have  made  that  Territory  a  by- word  and 


APPENDIX.  341 

reproach  in  all  Christendom.  But  I  desire  to  speak 
of  the  civil  state  of  affairs  there,  and  of  her  relations 
towards  the  General  Government.  What  are  they  ? 
Do  we  not  know,  sir — is  it  not  a  fact  that  has  been 
proclaimed  throughout  this  broad  land,  officially,  and 
in  every  other  way  in  which  it  could  reach  the  public 
ear — that  the  authority  of  the  United  States  has  been 
•openly  defied  and  trampled  under  foot  there,  that  your 
United  States  courts  have  been  broken  up,  and  that 
the  United  States  officers  have  been  compelled  to  leave 
the  Territory,  some  of  them  fleeing  from  it  for  their 
lives  ?  Is  it  not  known  that  the  people  of  the  Terri 
tory  are  in  hostile  array  against  the  army  of  the  United 
States,  cutting  off  the  Government  trains,  and  warn 
ing,  officially,  through  their  treasonable  Governor,  the 
Army  of  the  United  States  not  to  set  foot  in  the  Ter 
ritory,  except  upon  condition  of  laying  down  their 
arms?  While  they  throw  off  entirely,  as  a  whole 
body,  their  allegiance  to  the  General  Government, 
they,  at  the  same  time,  have  the  presumption  to  come 
here  and  demand  that  they  shall  be  represented  upon 
the  floor  of  the  council-hall  of  the  nation  against  which 
they  have  stretched  forth  the  gauntleted  hand  of  defi 
ance,  and  whose  authority  they  have  openly  defied  and 
scorned. 

The  President's  message  tells  us  the  condition  of 
affairs  in  the  Territory  of  Utah.  He  says  : 

"  Without  entering  upon  a  minute  history  of  occur 
rences,  it  is  sufficient  to  say  that  all  the  officers  of  the 
United  States,  judicial  and  executive,  with  the  single 
exception  of  two  Indian  agents,  have  found  it  neces- 


342  APPENDIX. 

sary,  for  their  own .  personal  safety,  to  withdraw  from 
the  Territory,  and  there  no  longer  remains  any  govern 
ment  in  Utah  but  the  despotism  of  Brigham  Young." 

And  yet,  with  this  condition  of  affairs,  officially 
proclaimed  to  us  by  the  chief  Executive  of  the  nation, 
we  are  hesitating  here,  whether  we  shall  pass  a  mere 
resolution  of  inquiry  on  the  subject,  which,  it  seems  to 
me,  the  self-respect  of  Congress  demands. 

Mr.  Banks. — Will  the  gentleman  from  Indiana 
have  the  kindness  to  read  the  conclusion  of  the  Presi 
dent's  remarks,  referring  to  the  restoration  of  the  gov 
ernment  under  the  Constitution  and  laws  ? 

Mr.  Colfax. — I  will,  with  pleasure. 

"  Governor  Young  has,  by  proclamation,  declared 
his  determination  to  maintain  his  power  by  force,  and 
has  already  commenced  acts  of  hostility  against  the 
United  States.  Unless  he  should  retrace  his  steps, 
the  Territory  of  Utah  will  be  in  a  state  of  open  rebel 
lion." 

Now,  I  desire  to  read  something  more : 

"He  has,  therefore,  for  several  years,  in  order  to 
maintain  his  independence,  been  industriously  em 
ployed  in  collecting  and  fabricating  arms  and  muni 
tions  of  war,  and  in  disciplining  the  Mormons  for 
military  service.  As  superintendent  of  Indians  affairs, 
he  has  had  an  opportunity  of  tampering  with  the  In 
dian  tribes,  and  exciting  their  hostile  feelings  against 
the  United  States  ;  this,  according  to  our  information, 
he  has  accomplished,  in  regard  to  some  of  these  tribes, 
while  others  have  remained  true  to  their  allegiance, 
and  have  communicated  his  intrigues  to  our  Indian 


APPENDIX.  343 


agents.  He  has  laid  in  a  store  of  provisions  for  three 
years,  which,  in  case  of  necessity,  as  he  informed 
Major  Van  Vliet,  he  will  conceal,  '  and  then  .take  to 
the  mountains,  and  bid  defiance  to  all  the  powders  of 
the  Government" 

And,  sir,  since  that  message  was  written,  the  news 
has  come  from  the  Territory  of  Utah  that  the  military 
equipage,  and  arms  and  munitions  of  war,  accompany 
ing  the  force  on  that  frontier,  were  cut  off  by  these 
Mormons,  openly  and  insultingly. 

Now  there  has  not  been  a  mere  declared  intent  to 
oppose  the  Government  of  the  United  States,  but  it 
has  been  actually  carried  into  effect.  And  we  are  to 
say  here  whether  a  people  like  this,  having  openly  and 
defiantly  and  insultingly  thrown  off  all  allegiance  to 
the  General  Government;  having  sent  a  message 
through  their  'Legislative  Assembly,  to  the  President, 
that  they  will  have  such  and  such  men  as  officers,  and 
no  others ;  having  thus  disrobed  theinselves  of  their 
allegiance  to  the  Government,  shall  be  allowed  to  send 
their  representatives  here  with  equal  rights,  as  to  his 
speaking,  with  ourselves,  to  occupy  a  seat  on  this  floor 
as  our  peer,  and  to  draw  his  salary  and  per  diem  from 
the  Treasury  of  the  United  States  ?  The  matter  has 
been  trifled,  with  too  long.  This  Brigham  Young  has 
been  making  treasonable  threats  against  the  General 
Government  from  the  days  of  the  administration  of 
Mr.  Fillmore  to  the  present  day  ;  and  he  has  over  and 
over  again  declared  publicly  in  the  face  of  the  as 
sembled  people,  that  he  will  be  the  Governor  of  Utah, 
not  so  long  as  the  Government  of  the  United  States 


344  APPENDIX. 

may  see  fit,  but  so  long  as  God  says  he  shall  be  Gov 
ernor,  declaring  that  he  derives  his  commission  from 
God  instead  of  from  the  President.  He  has  gone  on 
fostering  rebellion,  till  it  has  broken  out  into  open  war. 
And  yet  he  sends,  with  credentials  signed  by  the  same 
hand  which  penned  his  proclamation  of  defiance  to  our 
Government,  a  representative  here  ;  and  we  are  not  to 
be  allowed,  because,  forsooth,  there  has  been  no  pre 
cedent  for  it,  to  have  a  committee  of  inquiry  to  ascer 
tain  if  we  cannot  purge  ourselves  from  the  presence  of 
a  Delegate  from  such  a  Territory.  I  trust  the  resolu 
tion  will  be  adopted. 


V. 


ON   THE  ADMISSION  OP  THE   STATE  OF 
WEST  VIRGINIA  INTO  THE  UNION. 

(DELIVERED  IN  THE  HOUSE  OF  REPRESENTATIVES  DECEMBER 
QTH,  1862.) 

Mr.  Colfax. — I  desire  to  state  as  briefly  as  possible 
to  the  House  the  reasons  which  will  govern  the  vote 
which  I  shall  cast  upon  the  bill  which  is  now  pending 
before  this  body.  At  the  last  session  of  Congress,  in 
common  with  other  members,  I  had  grave  doubts  as  to 
the  propriety  of  the  passage  of  this  bill,  and  I  have 
therefore  since  given  it  the  more  careful  and  grave  Con 
sideration.  My  mind  is  now  made  up  clearly  that  we 
ought  to  pass  the  bill  here  and  now,  and  I  desire 
briefly  to  give  the  reasons  which  led  me  to  that  con 
clusion. 

Two  things  are  required  by  the  Constitution  of  the 
United  States  for  the  admission  of  this  new  State: 
first,  the  assent  of  the  Legislature  of  the  State  out  of 
which  it  is  to  be  formed  ;  and  secondly,  the  assent  of 
Congress.  The  decision  then  turns  to  a  great  extent 
upon  the  question,  whether  the  Governor  now  acting 
as  the  Governor  of  Virginia,  and  residing  at  Wheeling, 
and  the  Legislature  to  which  he  communicates  his  mes- 


346  APPENDIX.      • 

sages,  are  really  the  Governor  and  Legislature  of  the 
loyal  people  of  Virginia.  I  think  they  are,  and  that 
the  history  of  events  in  Virginia  will  prove  that  fact. 

When,  in  February,  1861,  the  traitorous  authori 
ties  of  Virginia  attempted  to  take  that  State  out  of  the 
Union,  the  people  of  Western  Virginia  nobly  resisted 
that  conspiracy ;  and,  instead  of  joining  with  their  fel 
low-citizens  in  other  parts  of  the  State,  they  called  to 
gether  a  convention  elected  by  the  loyalists  of  that  re 
gion,  and  some  other  counties  not  included  within  the 
boundaries  of  the  new  State,  and  determined  to  stand, 
at  every  hazard  and  through  every  persecution,  by  the 
Union  as  it  was.  That  Convention,  speaking  the  voice 
of  all  loyal  Virginians,  called  all  the  members  elect  of 
the  Legislature, — chosen  as  they  were  on  the  day  pre 
scribed  by  their  State  Constitution — who  would  take 
the  oath  of  fealty  to  the  Union,  to  meet  at  Wheeling ; 
and  thus  a  loyal  Legislature,  chosen  in  accordance  with 
the  constitution  and  law  of  Virginia,  assembled  and 
was  organized.  This  machinery  of  the  State  govern 
ment  had  been  abandoned  by  Governor  Letcher  and 
by  the  Legislature  which  participated  with  him  in  his 
treason.  It  having  thus  lapsed,  the  loyal  people  of 
Western  Virginia  took  possession  of  this  machinery, 
in  order  that  all  the  State  might  not  be  driven  into  this 
wicked  rebellion. 

The  next  question  is,  has  this  loyal  Legislature 
been  recognized  ?  There  are  facts  enough  in  the  action 
of  the  various  branches  of  this  Government  to  prove  to 
us  that  they  have,  one  and  all,  fully,  and  in  various 
ways,  recognized  this  as  the  only  true  and  rightful  gov- 


APPENDIX.  347 

eminent  of  Virginia.  Allow  me  to  present  a  few  of 
them : 

First.  The  Senate  of  the  United  States  has  recog 
nized  this  Legislature  as  the  Legislature  of  the  State 
of  Virginia;  and  admitted  two  Senators  elected  by  that 
body  to  fill  vacancies  caused  by  treason,  as  the  right 
fully  chosen  Senators  of  Virginia.  That  was  done  al 
most  unanimously  by  that  body. 

Secondly.  The  executive  department  of  the  Govern 
ment,  and  the  highest  portion  of  that  executive  depart 
ment,  the  President  himself,  has  repeatedly  recognized 
the  Governor  and  the  Legislature  of  Virginia  as  the 
rightful  authorities  of  that  State. 

Thirdly.  The  Secretary  of  the  Treasury  has  recog 
nized  that  government  as  the  rightful  government  of 
Virginia,  for  he  has  paid  to  them  out  of  the  Treasury 
of  the  Union,  without  complaint  and  without  protest 
from  any  one  of  all  the  twenty-odd  millions  of  loyal 
people  of  the  United  States,  the  $40,000  remaining  in 
the  Treasury  as  the  share  of  the  State  of  Virginia  of 
the  proceeds  of  the  sales  of  the  public  lands,  and  which 
the  State  of  Virginia  had  hitherto  refused  to  take  from 
the  Treasury. 

Fourthly.  The  Secretary  of  War  has  recognized 
this  government  as  the  lawful  government  of  Virginia, 
and  Governor  Pierpont  as  the  rightful  Governor  of 
Virginia,  by  accepting  his  commissions  to  the  officers 
of  the  noble  and  loyal  volunteer  regiments  of  Virginia, 
as  commissions  emanating  from  rightful  and  legal  au 
thority. 

Mr.  Con  way  rose. 


348  APPENDIX. 

Mr.  Colfax. — My  friend  from  Kansas  will  excuse 
me  till  I  complete  my  allusion  to  these  points,  when  I 
will  yield  to  him  for  a  question,  with  pleasure. 

Fifthly.  The  Secretary  of  the  Interior  also  has 
recognized  the  same  thing  in  his  communicating  to 
Governor  Pierpont,  as  the  Governor  of  Virginia,  the 
official  notice  of  the  congressional  apportionment  under 
the  census  of  1860,  as  required  by  law. 

Sixthly.  This  House  of  Representatives — and  I  am 
glad  to  say  that  gentlemen  upon  the  other  side  of  the 
House  largely  participated  in  that  act  at  the  last  ses 
sion — recognized  Governor  Pierpont  as  the  rightful 
Governor  of  Virginia,  when  they  admitted  the  gentle 
man  who  represents  the  district  around  Fortress  Mon 
roe  [Mr.  Segar],  who  came  here  and  claimed  admission 
under  an  election  ordered  by  Governor  Pierpont,  al 
though  that  is  a  portion  of  Virginia  distant  from  that 
which  is  now  proposed  to  be  admitted  as  a  State.  The 
loyal  people  there,  however,  recognized  the  Wheeling 
government  as  the  only  legal  State  government  in  ex 
istence  in  Virginia  ;  and  this  House  affirmed  their  con 
clusion  as  correct.  After  a  thorough  argument,  which 
of  course  involved  the  question  as  to  whether  the  Gov 
ernor  had  authority  to  order  the  election,  Mr.  Segar 
was  admitted  to  his  seat,  and  now  holds  it  here ;  and 
many  gentlemen  upon  the  other  side  of  the  House 
joined  with  the  majority  on  that  occasion  in  recogniz 
ing  Governor  Pierpont  as  the  rightful  Governor,  as  I 
hope  they  will  do  again  to-day. 

I  say,  then,  that  not  only  the  two  legislative 
branches  of  the  Government,  but  that  the  President 


APPENDIX.  349 

of  the  United  States  and  the  various  members  of  the 
Cabinet  have,  without  dissent  and  without  protest, 
as  far  as  I  have  heard,  by  any  one  up  to  this  day, 
recognized  Governor  Pierpont  and  the  Wheeling 
Legislature  as  the  rightful  authority  in  Virginia, 
and  it  therefore  seems  to  be  a  settled  and  con 
cluded  question;  and  the  consent  of  this  Legisla 
ture  to  the  division  of  the  State  is  sufficient  to  bring 
it  within  the  purview  of  the  Constitution. 

There  is  another  reason,  based  not  on  consti 
tutional  right,  but  on  expediency,  why  I  shall  vote 
for  the  admission  of  this  State.  For  many  years 
past  it  has  been  apparent  to  the  people  of  the 
whole  Union  that  the  interests  of  Western  Vir 
ginia  were  not  homogeneous  with  those  of  Eastern 
Virginia.  Divided  by  a  great  natural  boundary, 
the  Alleghany  mountains,  the  traffic  and  com 
merce  between  the  two  sections  was  so  insignifi 
cant  as  not  to  be  worth  mentioning.  They  differed 
in  interests,  in  habits,  and  to  a  great  extent  in 
institutions,  for  while  Eastern  Virginia  was  largely 
populated  with  slaves,  in  Western  Virginia  there 
was  a  very  small  portion  of  that  kind  of  popula 
tion.  The  interests  of  the.  two  sections  of  the 
State,  as  we  have  seen  in  the  stormy  conflicts  in 
the  Legislature  and  in  conventions,  have  always 
been  irreconcilable;  and  I  think  it,  therefore,  for 
tunate  that,  by  the  authority  of  law  and  of  the 
Constitution,  we  can  now  admit  Western  Virginia 
as  a  State  into  the  Union.  I  confess,  also,  that  I 
shall  welcome  it  now  with  peculiar  pleasure  when 


350  APPENDIX. 

I  see  that  her  people  have  provided  for  the  ulti 
mate  extinction  of  slavery,  and  when  she  comes 
here  knocking  at  our  door  with  the  tiara  of  free 
dom  upon  her  brow.  I  think,  therefore,  that  con 
siderations  of  expediency,  as '  well  as  of  constitu 
tional  power,  justify  me  in  this  vote.  This  region 
of  Virginia  which  it  is  proposed  to  admit  embraces 
forty  -  eight  counties,  with  a  sufficient  population 
for  a  State,  and  with  great  industrial  resources. 
Its  people  are  almost,  if  not  entirely,  unanimous 
in  the  desire  to  be  admitted  into  the  Union;  and 
while  Eastern  Virginia  has  been  surrendered  al 
most  entirely  to  this  wicked  conspiracy  and  un 
natural  rebellion,  the  people  of  Western  Virginia 
have,  over  and  over  again,  and  by  repeated  votes, 
in  spite  of  threats  from  the  State  government  at 
Kichmond  and  of  the  confederate  authorities, 
maintained  their  adherence  to  the  Government.  I 
think  there  is  something  due  to  them  for  their 
fidelity  and  patriotism. 

I  must  acknowledge  I  was  surprised  and  pained 
when  I  saw  this  morning  the  Representative  from 
the  young  State  of  Kansas  opposing  the  admis 
sion  of  this  new  State  of  Western  Virginia.  In 
the  dark  and  troublous  times,  when  the  heel  of 
the  invader  was  upon  the  prostrate  people  of  Kan 
sas,  and  when,  with  much  more  irregularity  than 
that  which  now  surrounds  this  constitution,  even 
according  to  the  argument  of  the  gentleman  him 
self,  the  people  of  the  State  organized  and  sent  to 
us  the  Topeka  constitution,  I  was  glad  to  stand 


APPENDIX.  351 

by  them  in  this  Hall  and  to  say  that  the  spirit  of 
the  Constitution  having  been  complied  with  and 
the  people  desiring  that  relief,  we  ought  to  open 
the  door  and  welcome  Kansas  into  the  Union.  At 
last,  after  years  of  struggle  here,  her  call  was 
heeded  and  she  is  now  in  the  glorious  sisterhood 
of  States;  and  I  was  therefore  the  more  pained 
when  I  saw  her  talented  and  eloquent  Representa 
tive  interposing  objections  which  seemed  to  me  to 
be  more  technical  than  of  substance  to  the  grant 
ing  of  the  petition  which  the  oppressed  people  of 
Western  Virginia  have  sent  here,  following  to 
some  extent  the  example  set  by  Kansas.  And 
now,  Sir,  I  will  yield  to  my  friend  from  Kansas 
to  enable  him  to  ask  his  question. 

Mr.  Conway. — I  sought  to  interrupt  my  friend 
from  Indiana  for  the  purpose  of  inquiring  whether 
the  recognition  of  the  President  was  not  the  first 
given  to  the  new  government,  and  whether  the  rec 
ognition  by  the  Senate  and  the  admission  of  the 
Senators  from  Virginia  was  not  based  upon  the 
recognition  of  the  Executive,  it  being  assumed  that 
the  recognition  of  this  State  was  an  executive  func 
tion,  and  having  been  performed  by  the  Executive^ 
that  the  matter  was  determined.  I  so  understood 
it,  and  therefore  I  levelled  my  remarks  and  objec 
tions  against  this  proceeding  towards-  the  President. 

My  friend  says  that  this  proceeding  was  not  pro 
tested  against  at  the  time  and  has  not  been  pro 
tested  against  up  to  this  time.  I  must  correct  him 
in  that.  I  have  protested  against  it  for  myself 


352  APPENDIX. 

from  the  commencement,  both  as  a  citizen  and  as 
a  member  of  this  House.  I  presented  almost  sub 
stantially  the  same  views  as  I  have  uttered  here  to 
day,  at  the  last  session  of  Congress. 

And  now,  permit  me  to  say  further  that  I  have 
no  earthly  objection  to  the  people  of  Western  Vir 
ginia  becoming  a  State  of  this  Union.  I  think 
that  they  are  entitled  to  be  such,  and  I  am  only 
sorry  that  my  judgment  interposes  itself  at  this 
time  against  my  giving  my  vote  for  their  admis 
sion  ;  but  I  believe  that  there  is  a  principle  involved 
which  affects  not  only  this  case  of  Western  Virginia, 
but  which  touches  more  interests,  and  interests  of 
greater  magnitude,  than  any  which  have  ever  been 
brought  to  the  consideration  of  this  House  prior  to  this 
great  struggle. 

Before  I  conclude,  I  should  like  to  say  further  that 
there  is  no  analogy  between  the  case  presented  in  this 
bill,  and  that  presented  by  the  people  of  Kansas,  when 
they  solicited  admission  into  the  Union  under  the 
Topeka  constitution.  This  is  not  the  application  of  a 
Territory  for  admission  as  a  State.  This  is  the  appli 
cation  of  the  people  of  a  portion  of  a  State  for  its 
division.  There  is  a  most  substantial  and  important 
difference.  If  the  people  of  Western  Virginia  had 
'  stood  in  their  relation  to  this  Government  as  a  Ter 
ritory,  as  the  people  of  Kansas  stood  at  that  time, 
and  they  had  come  forward  for  admission,  however 
irregularly — if  they  had  even  come  up  spontaneously 
by  the  people  and  solicited  admission — I  would  have 
been  willing  to  have  voted  to  admit  them,  on  the 


APPENDIX.  353 

ground  that  the  action  of  Congress,  in  admitting  them 
into  the  Union,  would  go  back  and  take  effect  from 
the  very  inception  of  the  movement,  and  give  it 
legality.  It  was  upon  that  ground  that  I  maintained 
the  admission  of  Kansas  into  the  Union  under  an  act 
of  this  description.  But  Western  Virginia  presents 
itself  in  an  entirely  different  aspect.  It  comes  here 
asking  the  division  of  a  State,  and  the  point  which  I 
make  is  that  it  does  not  show  a  case  in  which  there  is 
the  requisite  constitutional  sanction  for  a  division. 
The  Legislature  of  the  State  has  not  given  its  consent 
to  it.  It  is  not  necessary  for  me  to  go  over  the  reasons 
why  I  cannot  agree  that  the  Legislature  under  the 
Wheeling  constitution  is  the  true  one. 

Mr.  Sheffield. — I  desire  to  ask  the  gentleman  from 
Kansas  a  question. 

Mr.  Conway. — I  hold  the  floor  only  by  the  suffer 
ance  of  the  gentleman  from  Indiana. 

Mr.  Colfax. — Although  I  think  the  question  of  my 
friend  from  Kansas  rather  a  long  one,  I  will  yield  to 
him  further. 

Mr.  Sheffield. — I  desire  to  ask  the  gentleman  from 
Kansas  if  the  authority  of  the  case  which  he  cited  this 
morning  when  he  was  upon  the  floor  was  not  that  the 
recognition  of  a  government  by.  the  Executive  alone 
determined  the  lawfulness  of  the  character  of  that 
government  ? 

Mr.  Conway. — I  answer  yes ;  but  I  impeach  the 
correctness  of  that  decision. 

Mr.  Sheffield.— Oh! 

Mr.  Conway. — I  insist  that  the  President  of  the 
23 


354  t     APPENDIX. 

United  States  has  wrongfully  exercised  his  discretion 
in  this  case ;  and  that,  if  this  instance  is  brought  in  as 
a  precedent  for  future  action,  it  will  involve  the  entire 
subversion  of  our  constitutional  system. 

Mr.  Shellabarger. — I  wish  to  make  an  inquiry  of 
the  gentleman  from  Kansas.  I  understand  him  to  take 
the  position  that  the  revolutionary  and  treasonable 
action  of  the  members  of  the  State  government  of 
Virginia  has,  in  fact  and  in  law,  abrogated  the  govern 
ment  of  Virginia  ;  that  that  government  has  ceased  to 
be  a.  government,  and  that  thereby  the  State  of  Vir 
ginia  has  become  a  Territory,  or  a  portion  of  the  ter 
ritory  of  the  United  States.  If  that  be  his  position, 
and  if  Virginia  has  become  a  Territory,  then  I  wish  to 
know,  when  a  portion  of  the  people  of  that  new  Ter 
ritory  have  formed  a  constitution,  and  come  asking  to 
be  recognized,  and  admitted  as  a  State  of  the  Union, 
where  there  is  any  constitutional  objection  to  their 
being  recognized  and  admitted  as  a  State,  and  whether 
we  have  not,  again  and  again,  without  any  enabling 
act  of  Congress,  admitted  States  with  their  constitu 
tions  into  the  Union  ? 

Mr.  Conway. — I  will  say  very  briefly,  in  answer  to 
the  gentleman,  that  this  bill  does  not  propose  to  admit 
the  Territory  of  Western  Virginia  as  a  State.  If  it 
did  so,  I  should  have  no  objection  to  urge  against  it. 
But  the  bill  proposes  to  divide  the  State  of  Virginia, 
and  to  admit  that  portion  of  it  lying  west  of  the 
mountains  into  the  Union  as  an  additional  State. 
Now,  the  point  which  I  make,  and  which  I  tried  to 
elucidate,  is  that  they  do  not  come  here  with  the  requi- 


APPENDIX.  355 

site  compliance  of  State  legislation  as  required  by  the 
Federal  Constitution.  I  have  already  briefly  discussed 
the  question  whether  the  Legislature  that  conferred 
this  power  is  the  Legislature  of  the  State,  and  it  is  not 
necessary  for  me  to  advert  to  it  again. 

Mr.  Colfax. — If  I  remember  the  question  which 
the  gentleman  from  Kansas  rose  to  ask  me  some 
time  since,  but  which  he  expanded,  after  stating  it,  into 
a  speech,  it  was  whether  the  Senate  and  the  House  of 
Representatives  and  the  Cabinet  had  been  influenced 
by  the  executive  recognition  of  the  State  of  West  Vir 
ginia.  I  answer  him  very  frankly  that  I  cannot  tell. 
I  only  know  that  we  have  a  mass  of  concurrent  testi 
mony  proving  that,  at  different  times  and  under  differ 
ent  circumstances,  and,  as  I  said,  in  nearly  all  the 
cases,  without  any  protest  from  any  one  being  made  or 
heard  of  throughout  the  country,  the  President,  the  va 
rious  members  of  the  Cabinet,  the  Senate,  and  the 
House  of  Representatives,  have  recognized  this  Gov 
ernor  and  Legislature  as  the  rightful  authorities  of 
Virginia.  My  friend  from  JLansas  says  that  he  made 
protest  against  it.  He  never  made  a  protest  against 
the  most  solemn  act,  performed  by  a  Cabinet  officer, 
in  recognizing  that  State.  That  act  was  the  taking  of 
$40,000  out  of  the  national  Treasury  and  paying  it  to 
Governor  Pierpont,  as  the  rightful  Governor  of  Vir 
ginia.  If  this  authority  is  not  the  rightful  authority 
of  Virginia,  then  the  President  and  the  Secretary  of 
the  Treasury  should  be  condemned  in  every  part  of  the 
Union  for  daring  to  assume  such  power,  and  to  thus 
squander  wrongfully  the  treasure  of  the  people  of  the 


356  APPENDIX. 

whole  Union.     But,  on  the  contrary,  in  the  opinion  of 
loyal  men  of  all  parties  and  sections,  they  did  right. 

My  friend  from  Ohio  [Mr.  Shellabarger]  partially 
anticipated  the  reply  which  I  had  reserved  for  the 
question  which  I  knew  the  gentleman  from  Kansas 
would  put  to  me  after  I  yielded  to  him.  The  gentle 
man  from  Kansas  says  that  if  West  Virginia  had  been 
a  Territory  like  Kansas,  the  constitutional  objection 
would  be  out  of  the  way ;  and  he  also  insists — in 
which  I  do  not  concede  the  correctness  of  his  argu 
ment — that  the  State  of  Virginia,  the  whole  of  it,  is 
now  a  Territory.  But  if  that  is  true,  then  that  Ter 
ritory,  through  its  Governor  and  Legislature,  has  ap 
plied  for  admission  into  the  Union  as  a  State ;  and  the 
gentleman  from  Kansas  ought  to  waive  his  objection 
to  the  verbal  phraseology  of  the  application.  Let  me 
give  the  gentleman  a  parallel  taken  from  the  history 
of  Kansas  herself,  and  so  familiar  to  both  of  us.  The 
people  of  that  Territory  declared,  after  they  adopted 
the  Topeka  constitution,  that  they  were  then,  in  fact, 
a  State,  although  not  yet  admitted.  They  insisted  so, 
and  the  gentleman  stood  by  them  in  it.  They  elected 
their  Governor,  and  he  was  imprisoned  because  he 
dared  to  assume  the  authority  of  the  Governor  of 
Kansas.  Nay,  more  ;  able  jurists  insist  that  a  Terri 
tory  must  have  virtually  become  a  State  before  she  can 
apply  for  admission,  because  the  Constitution  says  that 
Congress  may  admit  " new  States,"  not  Territories; 
and  that,  therefore,  Territories  must  assume  the  habili 
ments  of  States  before  they  apply  for  admission  into 
the  United  States. 


APPENDIX.  357 

Then  I  come  back  to  the  objection  of  the  gentle 
man  from  Kansas.  This  Territory,  as  he  calls  it,  has 
done  exactly  what  the  Territory  of  Kansas  did.  She 
has  assumed  the  habiliments  of  a  State,  and  her  people 
insist,  as  the  people  of  Kansas  did  at  that  time,  that 
they  are  a  State,  and  as  such  they  knock  at  the  doors 
of  Congress  for  admission.  Why  not  then  admit  them, 
even  according  to  his  own  Territorial  argument  ? 

A  few  words  more,  and  I  will  yield  the  floor  to  the 
gentleman  from  Kansas.  The  only  Governor  whom 
the  loyal  people  of  the  Union  recognize  as  the  rightful 
Governor  of  Virginia,  asks  for  the  admission  of  this 
State.  The  only  Legislature  which  the  loyal  people  of 
the  country  recognize  as  the  rightful  Legislature  of 
Virginia,  have  given  their  assent  to  it.  The  only  Presi 
dent  whom  the  loyal  people  of  the  country  recognize  as 
President,  has  acknowledged  them  as  the  rightful  au 
thority  of  Virginia.  *  The  only  Cabinet  whom  the  loyal 
people  of  the  country  recognize,  has,  over  and  over 
again,  recognized  the  government  which  sits  at  Wheel 
ing.  The  only  Senate  recognized  as  the  rightful  Amer 
ican  Senate,  has  not  only  assented  to  it  by  receiving 
Senators  from  this  State,  but  by  stamping  its  seal  of 
approval  on  this  bill,  and,  so  far  as  it  is  concerned,  ad 
mitting  this  State.  And  this  House,  the  only  rightful 
House  of  Representatives,  gave  its  recognition  last  ses 
sion  to  Governor  Pierpont  and  the  Legislature  as  the 
rightful  authorities  of  Virginia ;  and  all  that  remains 
now  to  be  done  is  for  this  House  to  reaffirm  what  it  has 
already  done  before,  and  make  this  history  consistent 
with  itself. 


358  APPEM)IX. 

Mr.  Yeaman. — Mr.  Speaker,  I  do  not  desire  to  de 
bate  the  question,  but  prefer  to  avail  myself  of  the 
kindness  of  the  gentleman  from  Indiana  to  ask  him  a 
question.  I  understand  the  theory  on  which  Virginia 
is  now  represented  in  this  House  and  in  the  other  wing 
of  the  Capitol  to  be  this  :  that  the  ordinance  of  seces 
sion  was  null  and  void,  and  did  not  take  the  State  out 
of  the  Union  ;  that  the  government  at  Wheeling  is  not 
merely  the  de  facto  government,  but  is  the  legal  gov 
ernment  of  the  people  of  the  State  of  Virginia,  as  she 
heretofore  existed  in  the  Union,  and  that  if  those  dis 
loyal  people  east  of  the  mountains  do  not  choose  to 
avail  themselves  of  that  government,  it  is  their  own 
fault.  Now,  the  question  is,  if  Virginia  is  already  in 
the  Union  and  is  represented  on  this  floor,  and  in  the 
other  end  of  the  Capitol,  what  need  is  there  for  another 
act  to  let  her  in  again  ?  If  it  is  intended  to  divide  the 
State,  what  fact  takes  her  case  out  of  the  constitutional 
prohibition  that  no  State  shall  be  divided,  and  no  new 
State  shall  be  erected  in  the  jurisdiction  of  another 
State,  without  the  consent  of  the  Legislature  of  that 
State? 

Mr.  Colfax. — I  will  answer  the  gentleman  from 
Kentucky  with  great  pleasure.  This  is  riot  Virginia 
that  is  being  admitted  into  the  Union.  It  is  West 
Virginia,  a  different  State.  It  does  not  embrace  the 
whole  Territorial  limits  of  Virginia,  and  I  am  glad  to 
say  that  it  does  not  even  embrace  all  the  loyal  people 
of  Virginia.  It  embraces  only  forty-eight  counties. 
But  there  are  people  left  in  the  old  State  of  Virginia, 
in  the  Accomac  district,  along  the  Baltimore  &  Ohio 


APPENDIX.  359 

railroad,  and  fronting  Washington  city,  that  are  loyal. 
The  loyal  people  thus  remaining  are  not  many,,  to  be 
sure,  as  far  as  we  know  now  ;  l}ut  I  trust  that  in 
time  they  will  be  enough,  with  the  power  of  the  Gov 
ernment  aiding  them,  to  leaven  the  whole  mass.  These 
people,  loyal  as  they  are,  are  left  with  old  Virginia ; 
but  what  we  propose  to  admit  by  this  bill  is  a  different 
State.  It  is  "West  Virginia. 

Mr.  Morrill,  of  Vermont. — I  desire  to  ask  the  gen 
tleman  from  Indiana  a  single  question.  He  speaks  of 
the  new  State  of  Virginia  as  having  been  recognized 
by  the  President,  and  all  the  members  of  the  Cabinet, 
and  especially  by  the  Secretary  of  the  Interior,  he 
having  returned  the  apportionment  under  the  late  census 
to  the  new  State.  Now,  what  I  desire  to  ask  is  this : 
whether  this  House  is  bound  to  admit  the  whole  num 
ber  of  Representatives  to  which  Virginia  is  entitled 
from  this  new  State  of  Virginia  ? 

Mr.  Colfax. — Mr.  Speaker,  I  will  answer  that  ques 
tion.  By  the  laws  now  existing  on  our  statute-book 
it  is  provided  that  a  State  shall  be  apportioned  for  con 
gressional  purposes  ;  that  members  shall  be  elected  by 
single  districts ;  and  that  the  territory  embraced  in 
those  districts  shall  be  contiguous.  We  provide,  in  this 
very  bill,  that  the  new  State  shall  have  three  Repre 
sentatives,  leaving  the  remainder  to  old  Virginia.  I 
therefore  answer  the  question  of  the  gentleman  from 
Vermont  unhesitatingly  in  the  negative.  When  he 
makes  me  say  that  we  recognized  the  government  of 
Virginia  as  a  new  government,  I  must  have  been  un 
fortunate  in  the  choice  of  my  language,  or  else  he  does 


360  APPENDIX.  •    v 

not  quote  me  correctly.  I  said,  I  am  quite  certain, 
that  the  authorities  recognized  this  as  the  government 
of  Virginia — as  the  government,  not  as  the  new  gov 
ernment. 

Mr.  Htitchins  obtained  the  floor. 

Mr.  Olin. — With  the  consent  of  the  gentleman  from 
Ohio,  I  desire  to  propound  a  question  to  the  gentle 
man  from  Indiana,  [Mr.  Colfax.]  The  gentleman  from 
Indiana  has  argued  this  constitution  question  with  great 
ability,  but  I  wish  to  make  of  him  one  inquiry.  What 
will  become  of  the  bonds  and  other  obligations  which  she 
has  issued  or  incurred  as  a  State,  by  the  recognition 
of  the  new  State  of  West  Virginia  ? 

Mr.  Colfax. — I  will  answer  the  gentleman  from 
New  York  with  a  great  deal  of  pleasure ;  but  he 
will  permit  me  to  answer  him  somewhat  after  the 
Yankee  fashion — we  are  both  of  sufficiently  Yankee 
origin  to  warrant  it — by  asking  another  question.  I 
ask  the  gentleman  what  became  of  the  obligations 
of  the  State  of  Virginia  when  Kentucky  was  cut 
off  from  that  State  and  admitted  into  the  Union? 
What  became  of  the  obligations  of  the  State  of  Massa 
chusetts  after  Maine  was  cut  off  and  admitted  into 
the  Union  ? 

Mr.  Olin. — I  will  answer  the  gentleman  with  pleas 
ure,  that  Vermont,  as  a  State,  and  Massachusetts, 
as  a  State,  responded  to  their  obligations;  and,  in 
both  instances,  the  division  was  by  the  consent  of  the 
Legislatures  and  people  of  both  portions  of  the  ter 
ritory  to  be  divided. 


VI. 


REMARKS  OP  MR.  COLFAX  ON  THE  EIGHT 
OF  A  MEMBER  HOLDING  A  COMMIS 
SION  IN  THE  ARMY  TO  RETAIN  HIS 
SEAT  IN  THE  HOUSE. 


CASE  OF  MR.  VANDEVER. 


(DELIVERED  IN  THE  HOUSE  OP  REPRESENTATIVES,  JANUARY 
21sT,  1863.) 

Mr.  Coif  ax. — I  will  say,  for  one,  that  it  is  imma 
terial,  so  far  as  iny  vote  is  concerned,  whether  this 
House  postpones  the  resolution  until  the  3d  of  March 
or  decides  it  definitely  now.  I  shall  vote,  with  great 
pleasure,  against  the  report  of  the  Committee  of  Elec 
tions  in  this  case  ;  and  I  am  glad  to  find,  by  the  rec 
ord  of  our  proceedings  in  the  first  session  of  this  Con 
gress,  which  I  hold  in  my  hand,  that  I  am  sustained 
in  that  vote  by  a  plurality  of  the  Committee  of 
Elections  themselves.  In  the  course  of  the  first  session 
of  this  Congress,  in  July,  1861,  the  gentleman  from 
Ohio,  [Mr.  Vallandigham,]  who  is  the  originator  of 
the  action  now  proposed  by  the  Committee  of  Eleo 


362  APPENDIX. 

tions,  offered  a  resolution,  on  the  12th  day  of  July, 
which  I  will  read : 

"  Whereas  it  is  rumored  that  Oilman  Marston  of 
New  Hampshire,  James  E.  Kerrigan  of  New  York, 
Edward  McPherson  and  Charles  J.  Biddle  of  Pennsyl 
vania,  and  Samuel  R.  Curtis  of  Iowa,  holding  seats  in 
this  House  as  members  thereof,  have  been  sworn  into 
the  military  service  of  the  United  States,  and  hold 
military  offices  under  the  authority  of  the  same ;  and 
whereas  James  H.  Campbell  of  Pennsylvania,  also  hold 
ing  a  seat  in  this  House  as  a  member  thereof,  has  ad 
mitted  upon  the  floor  of  this  House  that  he  has  been  so 
sworn  and  does  so  hold  office  as  aforesaid :  Therefore, 

"  Resolved,  That  the  Committee  of  Elections  be  in 
structed  to  inquire,  and  without  unnecessary  delay  to 
report,  whether  the  gentlemen  above  named,  or  any 
others  claiming  or  holding  seats  as  members  of  this 
House,  and  at  the  same  time  holding  any  military 
office  under  the  authority  of  the  United  States,  are 
constitutionally  disqualified  to  be  members  of  this 
House  by  holding  such  military  offices."  ; 

This  resolution  was  advocated  by  the  gentleman 
from  Ohio,  who  presented  the  resolutions,  holding  that 
the  members  named  in  the  resolution,  were  not  entitled 
to  seats  upon  the  floor.  He  was  answered  among 
others  by  the  gentleman *  from  Pennsylvania,  (Mr. 
Campbell,)  and  by  the  gentleman  from  Iowa,  (Mr. 
Curtis.)  I  adopt  the  language  of  these  gentleman  on 
that  occasion  as  my  own  in  reply  to  the  remarks  of  the 
gentleman  from  Massachusetts,  [Mr.  Dawes.]  Mr. 
Campbell  said : 


APPENDIX.  363 

"  I  hold  a  seat  on  this  floor  by  virtue  of  the  votes 
of  the  people  of  the  eleventh  congressional  district  of 
Pennsylvania,  and  I  hold  a  commission  under  the 
broad  seal  of  the  Commonwealth  of  Pennsly  vania,  and 
the  signature  of  her  Governor,  by  which  I  am  at  pres 
ent  serving  in  the  Army  of  the  United  States.  I  hold  no 
two  offices  under  the  Government  of  the  United  States. 
I  have  taken  an  oath  of  allegiance  to  the  Constitution 
and  the  laws,  and  the  gentleman  has  done  the  same. 
This  oath  is  equally  binding  on  us  both.  But,  Sir, 
there  is  no  possible  conflict  between  these  two  positions. 
I  hold  one  as  member  of  this  House,  by  virtue  of  an 
election  under  the  laws  of  the  United  States  ;  and  the 
other  under  the  seal  of  the  Commonwealth  of  Pennsyl 
vania  and  the  signature  of  her  Governor."" 

The  gentleman  from  Iowa  (Mr.  Curtis)  also  defined 
his  position  very  clearly,  as  follows  : 

"  The  position  which  I  hold  in  the  military  service 
of  the  United  States  is  that  of  a  loan  from  the  State 
of  Iowa.  The  Governor  of  Iowa  was  called  upon  for 
troops,  and  I  fell  into  the  ranks.  I  was  unanimously 
elected  a  colonel.  I  was  commissioned  by  the  Governor 
of  Iowa,  and  I  have  tried  to  serve  in  that  capacity.  In 
my  military  position  I  am  merely  an  officer  of  the  State 
of  Iowa,  loaned  for  the  time  being  to  the  United 
States — loaned  for  the  purpose  of  sustaining  the  na 
tional  flag — loaned  to  the  United  States  for  the  pur 
pose  of  sustaining  the  absolute  supremacy  of  the 
laws,  which  it  is  the  province  of  the  United  States  to 
do.  I  do  not,  therefore,  conceive  that  as  a  State  of 
ficer  serving  for  the  State  of  Iowa  in  that  capacity, 


364  APPENDIX. 

I  am  in  any  way  acting  as  an  officer  of  the  United 
States.  I  have  no  commission  under  the  Govern 
ment  of  the  United  States.  I  am  not  an  officer  of 
the  United  States.  I  am  an  officer  of  the  State  of 
Iowa. 

"  Before  I  take  rny  seat,  I  desire  to  inquire  of  the 
gentleman  from  Ohio  whether  he  is  not  himself  an 
officer  in  the  militia  of  the  State  of  Ohio  ? 

"  Mr.  Vallandigham.  I  do  hold  a  commission  under 
the  State  of  Ohio." 

Does  not  this  brief  extract  answer  the  whole  argu 
ment  of  the  gentleman  from  Massachusetts  ? 

And,  Sir,  I  may  ask  whether  the  principle  now 
sought  to  be  settled  is  to  go  still  further,  and  whether, 
having  held  the  place  of  private  in  the  volunteer  force, 
being  mustered  into  the  service  of  the  United  States, 
and  drawing  the  pay  of  thirteen  dollars  a  month,  would 
have  tbe  effect  of  depriving  a  member  of  his  seat  upon 
this  floor?  Shall  officers  of  the  State  militia  be  ex 
cluded?  .  for  it  will  be  seen  that  the  gentleman  from 
Ohio  [Mr.  Vallandigham]  conceded  in  this  debate  with 
Mr.  Curtis  that  he  held  that  position. 

These  officers  of  the  State  militia  are  temporarily 
in  the  service  of  the  General  Government,  to  suppress 
a  gigantic  insurrection.  They  hold  their  commissions, 
not  from  the  President  of  the  United  States,  but  from 
the  Governors  of  their  States.  Therefore  they  do  not 
come  under  the  same  disqualification  with  those  who 
hold  office  under  the  direct  authority  and  commission 
of  the  President  of  the  United  States.  After  debate, 
the  gentleman  from  Illinois  [Mr.  Kellogg]  moved  to 


APPENDIX.  365 

lay  the  resolution  upon  the  table.  We  all  know 
what  that  motion  to  lay  upon  the  table  means.  When 
you  lay  a  resolution  upon  the  table  you  mean  to  dis 
pose  of  the  question.  When  you  lay  it  upon  the  table 
you  thereby  express  your  disapprobation  of  it.  That 
resolution  was  laid  upon  the  table  by  a  vote  of  92  to 
51.  That  was  when  we  held  it  to  be  patriotic  and 
praiseworthy  for  men  to  go  out  from  this  Council 
Hall  to  bare  their  breasts  to  the  bullets  of  the  enemy, 
lighting  in  the  defence  of  their  country. 

Mr.  Vallaridigham. — Let  me  interrupt  the  gentle 
man 

Mr.  Colfax. — Not  now.  Wait  a  few  minutes.  It 
was  then  held  to  be  patriotic  for  members  to  go  out 
and  fight  against  armed  rebellion  ;  and  laying  this  res 
olution  on  the  table  was  saying,  "  Well  done.  You 
shall  not  be  harmed  here  for  exposing  yourself  to 
danger  and  death." 

Now,  Sir,  this  majority  of  forty-one  was  composed 
of  a  portion  of  the  members  of  the  Committee  of  Elec 
tions.  There  were  five  of  them  who  voted  on  laying 
the  resolution  upon  the  table.  Four  voted  to  lay  the 
resolution  upon  the  table,  and  only  one  voted  against 
it.  Four  fifths  of  that  committee,  or,  rather,  four 
fifths  of  all  of  those  who  voted,  then  deliberately  de 
clared  themselves  against  even  considering  the  resolu 
tion  of  the  gentleman  from  Ohio  [Mr.  Vallandigham.] 
Three  months  after  the  defeat  of  this  resolution,  in  the 
month  of  September,  and  when  he  had  the  right  to 
suppose  that  it  was  the  opinion  of  a  majority  of  the 
Committee  of  Elections  and  of  the  House  that  he  could 


366  APPENDIX. 

do  so  without  being  questioned  for  it,  Mr.  Vandever 
followed  the  example  of  the  members  whom  the  House 
had  thus  indorsed,  and  accepted  a  commission  as  colo 
nel  of  an  Iowa  volunteer  regiment.  He  had  the  right 
to  take  it  for  granted  that  the  House  gave  its  permis 
sion  for  him  to  go  out  and  fight  the  enemies  of  the 
country.  After  he  exposed  himself  at  Pea  Ridge, 
where  that  brilliant  victory  was  won,  after  he  has  re 
fused  to  retain  his  pay  as  colonel,  having  refunded  it 
when  he  drew  his  Congressional  pay,  now,  in  his  ab 
sence,  we  are  asked  to  expel  him  as  unworthy  of  mem 
bership  here.  For  one,  I  will  not,  now  nor  at  any 
other  time. 

But  I  must  answer  another  point  of  the  gentleman 
from  Massachusetts,  [Mr.  Dawes.]  He  said  that  he 
had  himself  been  willing  to  postpone  this  resolution 
from  time  to  time,  and  yet  he  now  condemns  members 
on  this  side  because  they  desire  to  postpone  it  a  little 
longer. 

Mr.  Vallandigham. — I  ask  the  gentleman  from  In 
diana  to  read  a  little  further  of  my  reply  to  the  gentle 
man  from  Iowa,  [Mr.  Curtis.] 

Mr.  Colfax. — I  intend  doing  that  to  illustrate 
another  point. 

Mr.  Dawes. — Do  you  not  find  in  the  Congressional 
Globe  that  Mr.  Blair,  of  Missouri,  got  up  and  said 
that  he  was  not  in  the  service  of  the  United  States. 

Mr.  Colfax. — It  is  not  here  during  the  debate  on 
this  resolution. 

Mr.  Dawes. — It  is  in  the  Globe  of  another  date. 
That  was  in  the  three  months'  service,  when  there  was 


APPENDIX.  867 

no  law  calling  for  volunteers.  Each  one  of  these  gen 
tlemen  asserted — and  it  was  actually  the  fact,  for  it 
could  not  have  been  otherwise — that  neither  of  them 
had  been  mustered  into  the  service  of  the  United 
States.  We  afterward  passed  a  law  sanctioning  all 
that  had  previously  been  done.  We  authorized  the 
President  of  the  United  States  to  call  into  the  ser 
vice  volunteers ;  and  we  created  the  offices  which  these 
gentlemen  have  since  accepted.  I  remember  distinctly, 
and  I  think  it  will  appear  in  the  Globe,  of  putting 
a  question  to  the  gentleman  from  Pennsylvania, 
whether,  in  point  of  fact,  there  was  any  body  in  the 
service  of  the  United  States  existing  up  to  that  time 
by  the  force  of  law.  All  that  was  called  for  was 
the  militia  of  the  country.  In  regard  to  the  militia 
there  was  an  express  provision  of  the  Constitution 
that  the  States  should  appoint  the  officers. 

Mr.  Colfax. — I  will  answer  the  gentleman  from 
'Massachusetts  by  reading  from  the  Globe.  Mr.  Camp 
bell  said : 

"  I  stated  the  other  day,  when  a  similar  proposition 
was  made  to  this  House,  that  I  was  sworn  into  the 
service  of  the  United  States  as  an  officer  of  the  State 
militia  of  the  Commonwealth  of  Pennsylvania." 

There  was  no  disguise  of  the  fact  that  they  had  been 
mustered  into  the  service  of  the  United  States.  The 
gentleman's  recollection  was  incorrect.  Now  I  will  yield 
to  the  gentleman  from  Ohio. 

Mr.  Vallandigham. — The  gentleman  from  Massa 
chusetts  has  anticipated  the  point  which  I  desired  to 
make,  namely,  that  all  the  gentlemen  to  whom  the  gen- 


368  APPENDIX. 

tleman  from  Indiana  has  alluded,  expressly  declared 
that  they  held  their  appointments  by  virtue  of  State 
authority,  and  therefore  did  not  come  within  the  plain 
letter  of  the  Constitution.  It  was  a  resolution  of  inquiry 
founded  upon  the  assumption  that  they  had  held  office 
under  the  Constitution ;  and  the  resolution  follows  the 
wording  of  that  instrument.  The  gentleman  from  Mis 
souri,  [Mr.  Blair,]  no  longer  a  member  of  this  House, 
while  a  candidate  before  the  House — your  competitor, 
Mr.  Speaker,  for  a  seat  in  that  chair — very  promptly 
announced  that  he  had  never  held  a  commission  under 
the  authority  of  the  United  States.  So  it  was  with  the 
gentleman  from  Iowa,  [Mr.  Curtis.]  I  never  made  any 
proposition  to  rule  any  body  out  of  this  House  who 
held  office  in  the  Army  under  State  appointments. 
The  gentleman  from  Indiana  has  said  that  they  do  not 
come  within  the  exclusion  clause  of  the  Constitution 
of  the  United  States.  I  will  thank  the  gentleman,  as 
he  has  read  a  portion  of  the  debate  and  noted  the  fact 
that  I  did  not  include  myself  in  the  resolution,  to  read 
a  little  further. 

Mr.  Colfax. — I  repeat  that  I  intend,  before  I  close, 
to  read  what  you  desire. 

Mr.  Vallandigham. — Now,  I  have  supposed  and 
vote  accordingly ;  if  wrong,  I  have  voted  wrong.  I 
assume,  without  inquiring,  that  Mr.  Vandever  holds  a 
commission  under  the  United  States,  and  not  from  the 
Governor  of  Iowa. 

Mr.  Colfax. — I  will  yield  to  the  gentleman  from 
Iowa,  [Mr.  Wilson,]  the  colleague  of  Mr.  Vandever, 
to  state  the  fact  about  that. 


APPENDIX.  369 

Mr.  Dawes. — Look  at  the  documents. 

Mr.  Vallandigham. — If  lie  is  a  militia  officer  in  the 
service  of  the  United  States,  his  entire  authority,  so 
far  as  his  appointment  is  concerned,  is  from  the  State, 
and  he  is  not  excluded.  But  if  under  the  authority 
of  the  Constitution  and  under  the  law  of  the  United 
States  the  Governor  nominates  or  suggests  the  name 
of  the  officer,  it  does  not  take  him  out  of  the  exclusion 
clause  of  the  Constitution  of  the  United  States,  because 
he  is  still  commissioned  by  the  President  of  the  United 
States  an  officer  of  the  United  States,  and  is  entitled 
to  salary  from  the  Treasury  of  the  United  States,  under 
the  Constitution  and  laws.  I  want  to  know  what  the 
fact  is :  whether,  as  in  Ohio  so  in  Iowa,  the  Governor 
recommends  and  nominates  these  officers  under  the 
regulation  of  the  War  Department,  at  the  request  of 
the  President,  or  by  the  authority  of  law?  I  do  not 
know  whether  there  be  such  a  law.  They  are  not 
militia  called  out  for  three  months  or  nine  months, 
and  hold  their  appointments  from  the  State,  and  the 
exclusion  clause  of  the  Constitution  does  not  affect  them. 

Mr.  Wilson. — I  will  answer  the  inquiry  suggested 
by  the  gentleman  from  Ohio.  I  will  state  that  my 
colleague  [Mr.  Vandever]  was  appointed  by  the  Gov 
ernor  of  the  State  of  Iowa,  and  was  commissioned  by 
the  Governor  of  the  State  of  Iowa,  and  not  by  the 
President  or  the  War  Department,  as  the  colonel  of  the 
ninth  regiment  of  Iowa  volunteers.  The  report  of  the 
Committee  of  Elections  shows  that  he  commands  a 
regiment  of  Iowa  militia  in  the  service  of  the  United 
States. 

24 


370  APPENDIX. 

Mr.  Vallandigham. — Will  the  gentleman  answer 
this  question  ?  Under  the  laws  of  Congress  has  not 
the  President  of  the  United  States  the  authority,  and 
has  he  not  repeatedly  exercised  it,  of  dismissing  these 
officers  from  the  service  of  the  United  States  ? 

Mr.  Wilson. — No,  Sir;  so  far  as  the  officers  from 
my  State  are  concerned. 

Mr.  Vallandigham. — I  know  that  it  has  been  done 
in  Ohio.  It  is  being  done  every  day.  Officers  hold 
ing  commissions  under  the  authority  of  the  States  do 
so  merely  by  the  license  of  the  President  of  the  United 
States.  The  Governors  nominate  and  informally  com 
mission  them.  One  .word  further.  I  have  not  de 
signed  to  interfere  in  this  discussion.  The  gentleman 
from  Indiana  introduced  my  name  in  his  remarks,  and 
if  I  were  really  entitled  to  the  compliment  of  being  the 
originator  of  this  movement,  I  should  be  glad  of  it. 
In  my  resolution  I  only  followed  the  precedents  of 
former  Congresses. 

Mr.  Colfax. — I  have  heard  the  gentleman  from 
Ohio,  and  he  has  not  satisfied  me  with  his  argument. 
He  says  that  the  President  has  the  power  to  dismiss 
these  officers.  It  is  the  question  of  appointing  and 
commissioning  them  that  we  have  now  before  us.  I 
will  read  from  the  Constitution  of  the  United  States. 
I  will  indulge  in  no  "  hypocritical  cant,"  as  my  friend 
from  Massachusetts  calls  it,  about  my  attachment  to  it. 
The  gentleman  from  Massachusetts  said,  I  suppose 
kindly  to  me,  that  if  I  objected  to  the  remark  "  hypo 
critical  cant,"  he  was  sorry  that  I  felt  it  touched  me. 
I  do  not  believe  that  it  applies  to  me  more  than  to 


APPENDIX.  371 

himself.  I  have  sworn  to  support  the  Constitution  of 
the  United  States  half  a  dozen  times.  I  intend  faith 
fully  to  support  it ;  but  I  shall  not  make  any  speech 
to  convince  my  fellow-members  that  I  love  it  over  and 
above  themselves.  I  take  it  for  granted  that  every  one 
regards  the  palladium  of  our  liberties  as  I  trust  I  do. 
But  here  is  the  provision  of  the  Constitution : 

"  Congress  shall  have  power"  * 

"to  provide  for  organizing,  arming,  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may 
be  employed  in  the  service  of  the  United  States,  reserv 
ing  to  the  States,  respectively,  the  appointment  of  the 
officers?  &c. 

The  Constitution  expressly  excludes  the  President 
from  any  power  of  appointing  officers,  even  if  he  desires 
to,  and  the  officers  have,  therefore,  State  and  not  Fed 
eral  appointments. 

And  I  will  say  here  to  the  delegation  from  Ken 
tucky,  that  if  an  attempt  had  been  made  in  this  House 
to  eject  from  his  seat  the  gallant  General  James  S. 
Jackson,  of  Kentucky,  who  left  this  Hall  to  meet  upon 
the  field  not  only  the  rebels  of  other  States  but  of  his 
own,  I  would  have  stood  up  to-day  in  his  defence,  as  I 
stand  here  to-day  in  defence  of  the  absent  gentleman 
from  Iowa. 

Mr.  Wads  worth. — General  Jackson  was  himself 
of  the  opinion  that  he  had  no  right  to  a  seat  here. 

Mr.  Colfax. — I  can  scarcely  conceive  that  the  recol 
lection  of  the  gentleman  from  Kentucky  is  correct  in 
what  he  has  just  said.  He  says  that  General  Jackson 
himself  did  not  think  he  was  entitled  to  a  seat  here. 


372  APPENDIX. 

Mr.  Wads  worth. — I  only  want  to  call  the  attention 
of  the  gentleman 

The  Speaker. — The  gentleman  is  not  in  order,  as 
objection  was  made  by  the  gentleman  from  Maine  [Mr. 
Morrill]  to  interruptions. 

Mr.  Colfax. — I  regret  that  the  gentleman  cannot 
be  heard  ;  because  I  think  that  a  gentleman  to  whom 
reference  is  made  should  have  a  right  to  reply.  I  ap 
peal  to  the  gentleman  from  Maine  to  withdraw  his 
objection. 

Mr.  Vallandigham. — I  rise  to  a  question  of  order. 
I  understand  that  by  the  rules  a  member  has  a  right 
to  reply  in  reference  to  a  matter  which  is  personal. 

The  Speaker. — The  gentleman  from  Maine  objected 
to  the  gentleman  from  Kentucky  making  any  remark. 

Mr.  Vallandigham. — The  Chair  does  not  under 
stand  my  point.  It  is  that  no  member  can  step  in  and, 
by  a  single  objection,  prevent  a  member,  to  whom  per 
sonal  allusion  has  been  made  in  debate,  from  replying. 

The  Speaker. — The  gentleman  from  Kentucky  does 
not  come  within  that  category.  The  Chair  stated  dis 
tinctly  that  a  gentleman  had  the  right  to  make  a  per 
sonal  explanation,  where  he  himself  is  alluded  to. 

Mr.  Stevens. — Will  the  gentleman  from  Indiana 
yield  to  a  motion  to  go  into  committee? 

Mr.  Colfax. — No,  Sir,  not  yet.  I  shall  occupy  but 
a  short  time.  As  objection  was  made  to  the  gentle 
man  from  Kentucky  replying  to  my  allusion,  I  with 
draw  it  entirely ;  for  it  is  not  just  to  let  it  stand  with 
out  an  opportunity  to  him  for  explanation  or  reply. 
But  to  make  the  statement  more  emphatic  and  direct, 


APPENDIX.  373 

I  will  make  the  application  directly  to  myself.  I  say, 
if  I  thought  myself  not  entitled  to  a  seat  on  this  floor, 
and  that  I  was  violating  the  Constitution  by  sitting 
here,  I  would  resign.  I  do  not  say  it  in  reference  to 
any  other  member;  but  I  suppose  every  gentleman 
would  feel  in  the  same  way. 

Sir,  the  gentleman  from  Massachusetts  [Mr.  Dawes], 
made  one  strong  point  to-day  about  the  Executive,  as 
if  the  Executive  had  interfered.  I  do  not  believe  that 
the  Executive  has  spoken  to  any  member  of  this  House 
in  reference  to  voting  either  for  or  against  Mr.  Van- 
dever.  I  doubt  very  much  whether  he  even  knows 
that  the  question  is  before  us  for  decision.  Therefore, 
the  extraordinary  influence  which  the  gentleman  spoke 
of  as  overshadowing  us,  is  all  a  chimera. 

Then  he  said  further,  that  the  President,  if  we  con 
firmed  Mr.  Vandever  in  his  seat,  would  have  the  right 
to  come  in  here  and  take  members  out  of  their  seats. 
Now,  I  want  to  read,  in  continuation  of  the  debate  to 
which  I  have  already  referred,  what  the  .gentleman 
from  Ohio  [Mr.  Vallandigham]  has  been  asking  me  to 
read : 

"  Mr.  Curtis. — Before  I  take  my  seat  I  desire  to  in 
quire  of  the  gentleman  from  Ohio  whether  he  is  not 
himself  an  officer  in  the  militia  of  the  State  of  Ohio  ? 

"  Mr.  Vallandigham. — I  do  hold  a  commission  un 
der  the  State  of  Ohio. 

"Mr.  Curtis. — Then,  I  ask  the  gentleman  from 
Ohio  whether,  in  case  of  an  invasion,  or  for  any  cause, 
he  is  not  liable  to  be  called  out  by  the  President  if  the 
Government  of  the  United  States  should  take  upon 


374  APPENDIX. 

itself  the  duty  of  maintaining  the  rights  and  privileges 
of  that  State? 

"Mr.  Vallandigham. — Unquestionably;  and  I  then 
should  forfeit  my  right  to  a  seat  upon  this  floor. 

"  Mr.  Curtis. — I  cannot  see  that. 

"Mr.  Vallandigham. — I  should  be  compelled  to 
choose  between  the  two  positions;  and  I  would  do 
precisely  as  the  gentleman  from  Pennsylvania  says  he 
would  do,  select  the  military  position  in  preference  to 
the  civil." 

Here  comes  up  the  question  whether  a  member  who 
holds  a  commission  under  his  State  as  a  militia  officer 
without  pay,  can  be  taken  out  of  his  seat  here  by  the 
President  in  case  of  invasion  of  the  State,  and  whether 
the  member  was  not  thereby  disqualified  from  holding 
a  seat  here.  This  question  touches  the  case  of  every 
member  who  holds  a  commission  as  captain,  lieutenant, 
or  any  other  office  in  the  "home  guards,"  or  the  militia 
of  his  State.  In  many  States  every  citizen  between 
certain  ages  is  enrolled  as  a  member  of  the  State  militia ; 
•and  if  the  President,  in  a  state  of  invasion,  calls  upon 
the  militia  en  masse  to  resist  the  invader,  any  member 
who  happened  to  hold  a  commission  in  this  reserved 
force  would  be  thereby  disqualified  from  further  service 
in  this  House.  That  is  the  consequence,  if  the  opinions 
of  the  gentleman  from  Massachusetts  are  correct. 

But  I  rose  at  the  outset  simply  to  state,  in  reply  to 
the  gentleman  from  Massachusetts,  that  this  matter 
was  originally  introduced  by  the  gentleman  from  Ohio, 
[Mr.  Vallandigham ;]  that  his  resolution  was  laid  on 
the  table,  and  that  four-fifths  of  the  members  of  the 


APPENDIX.  375 

Committee  of  Elections  who  were  present  voted  to  lay 
it  upon  the  table,  and  thus  kill  it;  that  then,  and 
not  till  after  this  decision,  Mr.  Vandever  accepted  a 
colonelcy  of  Iowa  volunteers ;  that  he  had  the  right  to 
infer  that  this  House  had,  in  advance,  justified  him  in 
doing  it ;  that  the  majority  of  the  Committee  of  Elec 
tions  themselves  approved  of  it ;  and  it  does  seem  un 
just  towards  an  absent  fellow-member,  facing  the  foe  on 
the  battle-field,  that  the  Committee  of  Elections  should 
now,  in  full  view  of  such  action,  introduce  a  resolution 
to  exclude  Mr.  Vandever  from  his  seat  on  account  of 
accepting  this  commission.  I  hope,  therefore,  that  the 
action  of  yesterday  may  be  reconsidered. 

Mr.  McPhersori. — I  rise  to  a  personal  explanation, 
as  my  name  is  mentioned  in  the  resolution  which  has 
been  read.  "When  it  was  offered,  I  did  not  think  it 
worth  while  to  make  any  explanation  upon  the  subject ; 
but  as  I  have  since  voted  upon  every  phase  of  this 
question,  I  desire  to  state  that  I  was  never  mustered 
into  the  military  service  of  the  United  States ;  that  my 
services  were  entirely  of  a  voluntary  character ;  and 
that  I  never  assumed  any  obligation  inconsistent  with 
the  discharge  of  my  duties  as  a  member  of  this  House. 

I  desire  to  say  further,  that  I  presume  every  mem 
ber  of  this  House  is  prepared  to  meet  the  responsibility 
involved  in  this  question.  As  a  friend  of  the  Admin 
istration,  and  as  a  member  of  this  House,  I  do  not 
propose  to  shirk  the  performance  of  this  duty ;  and  I 
desire  to  refer,  in  terms  of  regret  and  condemnation, 
to  the  allusion  made  by  the  gentleman  from  Massa 
chusetts  as  to  possible  influences  which,  he  intimated, 


376  APPENDIX. 

contributed  to  changing  the  votes  of  certain  members 
of  this  House.  When  interrogated  closely  upon  the 
point,  it  turns  out  that  the  allusion  made  by  him  to 
the  Executive  was  merely  of  a  supposititious  character. 
He  endeavored  to  create  the  impression  that,  inasmuch 
as  the  President  of  the  United  States  was,  by  the 
Constitution  of  the  United  States,  the  Commander-in- 
Chief  of  the  Army,  he  was  endeavoring  to  retain  in 
this  House  some  six  or  seven  liege-men,  whom  he 
could  control  upon  all  public  questions.  I  do  not 
think  it  was  worthy  of  the  reputation  of  the  gentleman 
from  Massachusetts  to  endeavor  to  fix  any  such  stigma 
either  upon  the  President  or  upon  any  gentleman  in 
this  House,  and  I  regret  that  any  such  intimation  has 
been  placed  upon  the  records  of  the  House,  and  par 
ticularly  by  a  gentleman  whose  position  and  long  ser 
vices  entitle  his  general  opinions  to  a  great  deal  of 
weight. 

Mr.  Dawes. — I  wish  to  say  to  the  gentleman  from 
Pennsylvania,  he  has  entirely  misconceived  my  re 
marks. 

Mr.  McPherson. — I  shall  be  very  glad  to  find  that 
I  have. 

Mr.  Dawes. — I  said  nothing  of  that  kind,  and  in 
tended  nothing  of  the  kind. 

Mr.  McPherson. — I  think  that  the  only  conclusion 
derivable  from  his  argument,  in  which  he  endeavored 
to  account  in  this  way  for  the  .change  which  had  come 
over  the  opinions  of  members. 

Mr.  Dawes. — I  accounted  for  it  in  this  way,  and 
distinctly  stated  it  just  as  the  gentleman  from  Illinois 


APPENDIX.  377 

[Mr.  Washburne]  repeated  in  so  many  words :  that 
when  he  was  asked  to  vote  for  this  resolution,  he  saw 
around  him  six  of  his  friends  whom  the  resolution  was 
going  to  affect 

Mr.  McPherson. — The  President  had  nothing  to 
do  with  that 

Mr.  Dawes. — I  did  not  say  he  had. 

Mr.  McPherson. — Then  why  refer  to  the  alleged 
influence  of  the  President  ?  I  have  uniformly  voted 
upon  this-  question  with  the  gentleman  from  Massa 
chusetts.  I  believe  there  is  an  incompatibility  between 
the  two  positions.  There  is  only  one  point  upon  which 
I  am  in  doubt  Not  being  a  legal  man,  I  must  of 
course  rely  upon  the  opinions  of  gentlemen  better  fitted 
than  myself  to  give  opinions  upon  such  matters.  The 
question  is,  whether  the  House  can  consider  that  Col 
onel  Vandever,  by  spending  a  part  of  his  time  in  the 
field,  has  vacated  his  seat  in  this  House.  If  the  gen 
tleman  will  answer  that  point  to  my  satisfaction,  he 
will  have  removed  the  only  difficulty  in  the  case.  He 
states  that  all  the  precedents  are  in  favor  of  the  view 
he  entertained.  The  distinguished  gentleman  from 
Iowa  [Mr.  Wilson]  holds  the  contrary  opinion.  Upon 
that  point  I  confess  I  desire  to  be  enlightened. 

I  have  no  feeling  upon  this  matter,  and  no  desire 
but  to  do  my  duty  as  an  independent  member  of  this 
House.  I  desire  to  hear  the  matter  discussed.  I  do 
not  think  that  the  point  to  which  I  have  alluded  has 
been  thoroughly  settled,  and  I  invite  the  criticism  of 
the  legal  gentlemen  of  the  House  to  it 

Mr.  Crittenden. — Mr.  Speaker,  I  can  see  no  reason 


378  APPENDIX. 

•  ,    i 

at  all  for  the  excitement  which  prevails  in  the  House 
upon  this  question.  It  appears  to  me  to  be  purely  a 
constitutional  question.  Certainly,  Sir,  I  must  protest 
against  the  imputation  so  universally  cast  .upon  the 
distinguished  gentleman  from  Massachusetts  [Mr. 
Dawes],  of  "  lecturing  the  House."  I  do  not  know 
what  gentlemen  mean  by  "  lecturing  the  House."  The 
gentleman  did  nothing  more  than  sustain  his  own 
opinions  upon  this  question,  and  oppose  the  opinions 
of  others.  That  is  the  very  purpose  and  object  of  de 
bate.  And  yet  gentlemen  here,  for  the  want  of  some 
thing  else  to  excite  themselves  about,  seem  to  me  to 
go  greatly  out  of  the  way  to  suppose  themselves  lec 
tured.  I  confess  I  heard  the  gentleman,  although  I 
suppose  I  am  one  of  those  lectured,  with  great  pleas 
ure.  I  should  be  very  glad  to  hear  such  lectures 
oftener  here.  I  would  greatly  prefer  them  to  Mr. 
Murdoch's  readings,  or  any  body's  else.  [Laughter.] 

Now,  Sir,  what  is  the  question  before  us  ?  The 
Constitution  says  that  "no  person  holding  any  office 
under  the  United  States  "  shall  be  a  member  of  this 
body.  I  ask  gentlemen  to  consider,  for  a  moment, 
what  was  the  object  of  this  provision  of  the  Constitu 
tion  ?  What  was  its  purpose  ?  What  was  the  reason 
upon  which  it  was  founded?  Sir,  the  object  of  the 
framers  of  the  Constitution  was  to  preserve  this  body 
as  a  pure  and  fair  representation  of  the  people  of  the 
United  States,  to  guard  it  sedulously  from  executive 
interference,  and  to  save  it  even  from  suspicion.  Was 
not  that  the  object  ?  Why  should  men  be  prohibited 
from  sitting  in  this  House  because  they  held  office 


APPENDIX.  379 

under  the  authority  of  the  United  States  ?  Because 
the  President  of  the  United  States  could  control 
them. 

Gentlemen  protest  against  the  idea  that  honorable 
soldiers  who  have  gone  to  the  field  to  fight  the  battles 
of  the  country  should  be  subject  to  any  suspicion. 
Sir,  that  seems  to  me  to  be  a  most  fallacious  argument. 
The  Constitution  has  settled  that  question.  The  Con 
stitution  says  they  may  be  suspected,  and  that  is  reason 
enough;  or  that  they  may  be  guilty,  and  that  is  a 
better  reason  ;  and  you  might  just  as  well  rail  against 
the  Constitution  for  a  want  of  patriotism  as  rail  against 
the  arguments  employed  to  show  that  they  come  with 
in  the  terms  of  this  constitutional  prohibition.  This 
body  was  intended  to  be  a  representation  of  the  people. 
There  are  three  great  departments  of  the  Government. 
You  constitute  the  great  legislative  representation  of 
the  people,  and  you  should  not  be  mixed  up  with 
officers  and  soldiers  of  the  Army,  or  any  body  else 
holding  office  under  the  authority  of  the  United  States ; 
because  by  possibility  you  might  have  a  President  who 
would  attempt  by  such  means  to  exercise  an  improper 
influence  here ;  because  by  possibility  the  members 
might  be  men  who  could  be  controlled  by  him ;  and 
because,  even  if  neither  of  these  things  were  the  case, 
it  makes  them  liable  to  suspicion  as  to  their  fidelity  to 
the  people.  That  is  the  reason  of  the  constitutional 
provision.  But  according  to  the  reasoning  of  the 
gentleman  from  Indiana  [Mr.  Colfax],  whose  patriot 
ism  always  overflows  and  inundates  him  upon  every 
subject,  [laughter] — according  to  him,  we  ought  not 


380  APPENDIX. 

to  exclude  the  brave  defenders  of  the  country  from 
seats  in  this  Hall.  The  gentleman  goes  beyond  the 
Constitution.  He  takes  up  the  question  a  priori,  and 
argues  it  upon  the  individual  merits  of  the  brave  de 
fenders  of  the  country.  Are  they  to  be  suspected  of 
being  liable  to  improper  influences  ?  No  ;  and  he  re 
grets  that  the  gentleman  from  Massachusetts  should 
have  supposed  such  a  thing  possible.  Why,  Sir,  ac 
cording  to  the  gentleman's  argument,  our  places  could 
be  supplied  on  any  day- by  a  single  brigade  of  troops. 
A  brigade  of  soldiers  could  supply  four  or  five  Con 
gresses,  and  the  patriotism  of  the  gentleman  would 
sustain  them  all  in  their  seats  ;  and  how  easy  it  would 
be  for  the  President  of  the  United  States  to  carry  on 
the  Government  with  these  seats  filled  with  a  brigade 
of  his  faithful  soldiers.  [Laughter.] 

Mr.  Colfax. — Will  the  gentleman  from  Kentucky 
yield  to  me,  as  he  is  not  stating  my  position  cor 
rectly  ? 

Mr.  Crittenden. — Certainly. 

Mr.  Colfax. — I  am  glad  to  perceive  that  he  has 
such  a  good  opinion  of  my  patriotism,  and  I  take  a 
compliment,  or  a  lecture  from  him  with  kindness,  as  a 
matter  of  course. 

Mr.  Crittenden. — You  should  have  regard  for  the 
Constitution  besides. 

Mr.  Colfax — The  gentleman  speaks  about  the  Con 
stitution,  and  yet  let  me  remind  him  that  he  sat  side 
by  side  with  one  of  his  colleagues,  a  military  officer, 
here  for  months  and  months,  and  his  conscience  was 
not  at  all  troubled  then  about  the  Constitution  being 


APPENDIX.  381 

invaded  by  the  presence  of  that  colleague.  The  Presi 
dent  could  have  ordered  that  colleague  of  his  into  the 
field  at  any  time,  as  much  as  he  could  order  Mr.  Van- 
dever  now. 

As  he  bases  his  argument  upon  the  Constitution,  I 
wish  to  call  his  attention  to  the  fact  that  the  Consti 
tution  construes  itself.  It  says,  in  the  second  clause  of 
the  sixth  section,  that — 

"  No  person  holding  any  office  under  the  United 
States  shall  be  a  member  of  either  House  of  Congress 
during  his  continuance  in  office." 

Now,  how  do  we  find  out  what  those  "officers 
under  the  United  States  "  are  ?  Why,  by  the  Consti 
tution  itself;  and  the  same  Constitution,  three  pages 
further  on,  says,  in  section  eight: 

"  Reserving  to  the  States,  respectively,  the  appoint 
ment  of  the  officers  of  the  militia  called  into  the  service 
of  the  United  States." 

Mr.  Wadsworth. — I  would  inquire  if  the  objection 
of 'the  gentleman  from  Maine  [Mr.  Morrill]  is  still 
pending?  • 

The  Speaker. — The  Chair  asks,  in  every  instance 
where  one  member  seeks  to  interrupt  another,  if  there 
is  objection.  The  Chair  heard  no  objection  in  this 
instance,  although  he  put  the  question  to  the  House. 

Mr.  Crittenden. — Mr.  Speaker,  it  is  very  true  that 
I  have  sat  here,  as  the  gentleman  has,  with  the  member 
whose  seat  is  now  in  question,  and  with  others  in  the 
same  position,  and  I  have  never  moved  in  the  matter. 
That  is  true ;  but  you  put  the  question  to  me  now,  and 
I  must  answer  it.  This  House  has  been  very  forbear- 


382s  APPENDIX. 

ing  upon  this  subject,  very  forbearing,  and  I  am  as 
liable  to  impeachment  for  it  as  any  other  member.  I 
have  my  faults,  and  the  atonement  I  am  always  ready 
to  make  is  to  acknowledge  them.  We  have  been  very 
forbearing.  This  thing  ought  never  to  have  been 
allowed  for  a  day — never  for  a  day.  If  this  gentleman 
was  constitutionally  disqualified,  we  ought  not  to  have 
allowed  him  to  sit  here  a  single  day;  and  now  we  are 
called  upon  for  a  decision  upon  the  question,  and  in  a 
case  that  presents  it  fairly.  The  gentleman  is  not  here. 
You  cannot  turn  him  away  from  a  seat  which  he  is  not 
actually  occupying.  He  is  in  the  field  performing  his 
military  duties,  and,  for  all  you  know,  he  is  there  by 
the  President's  command ;  and  if  he  were  here,  the 
President  could  command  him  to  go  back  to  Iowa,  or 
to  Arkansas,  or  to  anywhere  else  he  pleased.  Can 
such  a  man,  subject  to  commands  of  that  sort,  be  a 
proper  Representative  of  the  people,  and  not  under  the 
control  of  the  Executive,  who  can  order  him  North, 
South,  East,  or  West,  at  his  pleasure  ? 

But  you  say  that  this  gentleman  does  net  hold  his 
office  by  authority  of  the  President  or  by  authority  of 
the  United  States.  Why  do  you  say  so  ?  Because 
he  was  originally  commissioned  by  the  Governor  of 
his  own  State.  ,  But  how  came  he  so  commissioned? 
By  your  authority — the  authority  of  Congress.  You 
delegated  the  power  to  so  commission  him,  and  the 
President  agreed  to  receive  him.  This  placed  him  in 
a  position  where  he  was  absolutely  mustered  into  the 
service  of  the  United  States,  subject  to  all  the  orders 
of  the  President  of  the  United  States.  That  seems 


APPENDIX.  383 

to  me  to  come  within  the  very  reason  upon  which  this 
provision  of  the  Constitution  rests.  We  may  become, 
as  was  the  case  in  England  at  one  time,  a  Parliament 
full  of  officers.  It  will  not  do  to  say  that  these  are 
honorable  men,  or  so  honorable  that  they  cannot  be 
influenced.  That  is  not  the  question  for  us.  It  was  a 
question  for  the  framers  of  the  Constitution,  and  they 
have  determined  it.  It  is  perfectly  clear  to  me  that 
this  case  comes  within  the  provision  of  the  Constitution. 
This  mode  of  raising  volunteers  under  the  act  of  Con 
gress  and  having  certain  officers  designated  by  the 
State  authorities,  is  but  the  substitution  of  the  State 
authority  for  the  Federal  authority  to  designate  men 
to  command  regiments.  As  soon  as  the  men  so  desig 
nated  are  mustered  into  the  service,  they  are  literally, 
as  they  already  were  in  reality,  officers  purely  under 
the  authority  of  the  United  States.  I  am  much  in 
debted,  Sir,  to  the  Committee  of  Elections  for  reporting 
upon  this  question  as  they  have  done.  It  is  necessary 
to  make  this  body  a  pure,  fair,  honest,  and  unsuspected 
representation  of  the  people  of  the  country. 

Another  thing,  Mr.  Speaker.  Are  not  those  offices 
perfectly  incompatible  ?  The  facts  in  the  case  show 
that  they  are.  Why  is  not  the  gentleman  from  Iowa 
in  his  seat  ?  Because  he  is  performing  the  duties  of 
another  office  in  a  distant  part  of  the  country,  and  can 
not  be  here.  But  independently  of  this  incompatibility, 
the  constitutional  provision  embraces  the  case.  My 
friend  from  Illinois  [Mr.  Washburne]  cannot  see  his 
friend  removed  from  his  place  here  on  the  supposition 
that  he  could  possibly  be  subject  to  any  improper  influ- 


384  APPENDIX. 

ence.  He  was  his  near  neighbor,  and  sat  by  him. 
All  the  relationships  of  neighborhood  are  destroyed  by 
this  cruel  act  of  removing  from  office  a  man  who  is 
disqualified  by  the  Constitution.  The  gentleman  from 
Indiana  [Mr.  Colfax]  wants  to  know  why  we  would 
not  rather  encourage  gentlemen  to  go  out  from  here  to 
the  field  and  fight  the  battles  of  the  country  ?  I  would, 
with  all  my  heart,  encourage  them ;  but  I  would  riot 
encourage  them  to  come  back  and  take  their  seats  here. 
There  is  all  the  difference  in  the  world  between  inviting 
them  to  go  out  and  inviting  them  to  come  back.  No, 
Sir;  the  offices  are  incompatible.  It  is  against  the 
independence  of  a  member  to  be  subject  to  the  orders 
of  the  President. 


VII. 

ON  POSTAL  REFORM. 

DELIVERED  IN  THE   HOUSE   OF  REPRESENTATIVES,  FEBRUARY 
20TH,  1863. 

EVENING  SESSION. 

The  House  reassembled  at  seven  o'clock,  p.  M.,  Mr. 
Washburne  in  the  chair,  as  Speaker  pro  tempore. 

The  Speaker  pro  tempore  stated  the  business  before 
the  House  to  be  the  consideration  of  Senate  bill  No. 
492,  to  amend  the  laws  relating  to  the  Post  Office  De 
partment,  assigned  as  a  special  order  for  this  evening's 
session. 

The  bill  was  taken  from  the  Speaker's  table,  and 
read  a  first  and  second  time  by  title. 

The  bill  was  then  read  at  length. 

Mr.  Colfax  obtained  the  floor. 

Mr.  Holman. — This  bill  has  not  been  printed,  and 
I  desire  to  move,  if  my  colleague  will  permit  me,  to 
recommit  it  to  the  Committee  on  the  Post  Office  and 
Post  Roads,  and  order  it  to  be  printed. 

Mr.  Colfax. — The  bill  is  printed,  and  on  my  col 
league's  file. 

Mr.  Holman. — Not  printed  by  the  House. 

Mr.  Colfax. — The  same  bill  in  substance.  I  will 
explain 

25 

\ 


386  APPENDIX. 

Mr.  F.  A.  Conkling. — I  wish  to  ask  the  gentleman 
from  Indiana  if  I  understood  him  to  say  that  the  bill 
printed  and  on  our  files  is  the  bill  which  has  been  read 
at  the  Clerk's  desk  ? 

Mr.  Colfax. — I  was  about  to  say  that  the  bill  read 
at  the  Clerk's  desk  is  precisely  the  bill  on  the  files  of 
members  of  the  House  entitled  Senate  bill  No.  492, 
with  only  one  amendment  at  all  material,  and  that  is 
to  be  found  in  the  section  which  provides  for  the  regis 
tration  of  money-letters. 

Mr.  Holman. — One  other  question. 

Mr.  Colfax. — Not  until  I  have  completed  this  state 
ment,  for  I  want  it  to  be  full  and  fair. 

The  press  of  the  country  generally  have  the  im 
pression  that  the  bill  as  it  is  before  us  remains  the 
same  as  originally  printed  by  the  Senate  when  first 
introduced.  The  bill,  however,  was  amended  in  the 
Senate  before  it  passed  that  body  so  as  to  make  the 
registration  of  money-letters  voluntary,  as  heretofore, 
and  not  compulsory,  as  printed  in  the  bill. 

This  is  the  only  material  change  made  by  the  Senate 
in  the  bill  as  printed.  There  are  two  or  three  imma 
terial  changes. 

Mr.  Wilson. — What  is  the  registration  fee  ? 

Mr.  Colfax. — The  Postmaster  General  is  author 
ized  by  this  bill  to  increase  the  registration  fee  to  twenty 
cents ;  but  I  will  speak  of  that  more  particularly  in 
order  in  my  explanation  of  the  bill. 

Before  alluding  to  the  bill  and  proposing  the  amend 
ments  which  the  Post  Office  Committee  have  instructed 
ine  to  offer,  if  there  be  no  objection,  I  propose  that  in 


APPENDIX.  387 

the  consideration  of  this  bill  speeches  shall  be  limited 
to  ten  minutes,  instead  of  one  hour,  as  allowed  under 
the  rules.  I  shall  not  want  longer  time  than  ten  min 
utes  myself  on  any  proposition. 

Mr.  Holman. — If  the  bill  is  referred  to  the  Com 
mittee  of  the  Whole  on  the  state  of  the  Union,  I  will 
not  object  to  that. 

The  Speaker  pro  tempore. — Is  there  objection  to 
the  proposition  of  the  gentleman  from  Indiana  ? 

Mr.  Wads  worth. — I  object. 

Mr.  Colfax. — The  gentleman  will  understand  that 
my  proposition  is  to  allow  each  member  ten  minutes. 
Not  to  limit  the  entire  debate  to  that  time. 

Mr.  Wadsworth. — That  is  just  my  objection.  Every 
member  will  make  a  speech  if  you  only  give  him  ten 
minutes.  [Laughter.] 

Mr.  Colfax.— Mr.  Speaker,  I  will  then  speak  briefly 
as  to  the  object  and  scope  of  the  bill.  It  contains  some 
valuable  reforms,  in  which  the  Post  Office  Committee 
of  the  House  entirely  concur.  It  contains  one  with 
which  the  majority  of  the  House  Committee  concur, 
but  in  which  I  have  been  so  unfortunate  as  to  differ 
from  them  and  with  the  Post  Office  Department.  I 
will  state  just  here  the  clause  to  which  I  refer.  It  is 
that  which  changes  the  compensation  of  postmasters 
from  commissions  to  salaries.  I  will  leave  that  amend 
ment  to  the  last,  in  order  that  we  may  perfect  the  bill 
in  those  features  in  which  all  the  members  of  the  Com 
mittee  concur  with  each  other  and  with  the  Depart 
ment. 

Now,  Sir,  in  respect  to  the  reforms  proposed  by  the 


388  APPENDIX. 

bill,  the  first  to  which  I  will  call  the  attention  of  the 
House  is  that  which  establishes  uniform  rates  of  letter 
and  newspaper  postage.  It  makes  the  postage  on  a 
letter  weighing  not  more  than  half  an  ounce  three  cents 
all  over  the  country. 

It  makes  newspaper  postage  uniform,  wiping  out 
the  distinction  as  to  crossing  State  lines.  There  are 
now  three  hundred  different  rates  of  postage  on  printed 
matter,  including  the  various  descriptions  of  papers 
and  periodicals,  and  the  various  distances  they  are  to 
be  carried.  This  bill  will  reduce  the  maximum  number 
to  twelve  or  fifteen  rates,  all  easily  memorized.  It  is 
impossible,  under  present  laws,  for  postmasters  to  com 
prehend  all  the  various  and  multiform  rates  of  postage 
on  newspapers  and  other  printed  matter. 

There  is  another  change  in  the  bill,  establishing  a 
free  carrier  system  in  all  the  cities  in  which  letter  car 
riers  are  now  authorized  by  law,  and  yet  that  this  shall 
be  done  without  expense  to  the  Department.  This 
may  seem  to  be  an  anomaly ;  but  I  will  explain  that 
it  is  accomplished,  in  the  first  place,  by  increasing  the 
prepaid  postage  on  drop-letters  frdm  one  to  two  cents ; 
and  in  the  second  place  it  enlarges  the  carrier-system 
by  allowing  the  Postmaster  General  to  use  his  carrier- 
system  for  the  transportation  of  small  packages,  the 
pay  for  which  is  to  swell  the  fund. 

This  change,  it  will  be  perceived,  will  confer  some 
material  advantages.  In  the  first  place  it  will  abolish 
the  one  cent  nuisance  to  be  collected  by  the  carrier  for 
every  letter  received  by  mail  and  left  at  the  residence 
of  the  person  to  whom  the  letter  is  addressed.  It  is  true 


APPENDIX.  389 

it  increases  the  postage  on  drop-letters,  but  it  will  com 
pensate  for  that  by  providing  a  system  under  which 
letters  will  be  distributed  in  the.  large  cities  eight  or 
ten  times  a  day,  instead  of  only  half  that  number  of 
times  as  at  present. 

The  third  reform  to  which  I  will  call  attention  re 
duces  the  rate  of  postage  on  returned  dead-letters. 
Under  the  law  passed  at  the  last  session  of  Congress 
single  letters  returned  to  the  writers  from  the  dead-let 
ter  office,  containing  valuables,  pay  nine  cents  postage; 
those  not  containing  valuables,  six  cents.  This  bill 
fixes  the  rate  on  letters  containing  valuable  inclosures 
at  six  cents,  and  on  those  not  containing  valuables  at 
three  cents.  It  is  believed  that  the  entire  expense  of 
the  dead-letter  office  will  be  reimbursed  by  the  return 
of  such  letters  to  the  writers  at  the  rates  which  I  have 
mentioned. 

My  friend  from  Rhode  Island  [Mr.  Sheffield]  asks 
me  to  explain  the  effect  this  bill  will  have  upon  the 
franking  privilege.  I  will  state  to  him  that  it  was  not 
intended  to  have  any  effect  upon  the  franking  privilege, 
one  way  or  the  other.  As  the  House  very  well  under 
stands,  I  have  been  for  years  in  favor  of  the  abolition 
of  the  franking  privilege.  The  House  has  passed  a 
bill  to  accomplish  that  purpose,  but  the  Senate  have 
rejected  it  decidedly ;  and  I  learn,  reliably,  that  they 
will  not  concur  in  it.  My  colleague  on  the  committee, 
from  Massachusetts,  [Mr.  Alley,]  will,  after  the  other 
amendments  of  the  committee  have  been  adopted,  move 
an  amendment  restricting  the  franking  privilege,  leav 
ing,  however,  I  have  no  doubt  gentlemen  will  be  glad 


390  APPENDIX. 

to  know,  the  personal  privilege  of  members  of  Con 
gress  in  that  respect  the  same  as  at  present.  The 
amendment  contains-  one  essential  feature  to  which  I 
will  advert  right  here.  It  cuts  off  the  indiscriminate 
right  of  a  large  number  of  officers  of  the  Departments 
to  send  and  receive  letters  free.  It  permits  the  Pres 
ident  and  heads  of  Departments  to  send  their  letters 
free  as  now,  and  permits  subordinates  in  office  to  send 
their  correspondence  with  their  superiors  in  office  also 
free.  But  other  citizens  who  wish  to  write  to  the  De 
partment,  to  make  application  for  office,  for  instance, 
will  have  the  privilege  of  prepaying  their  letters. 

Among  the  reforms  the  bill  proposes  is  a  reduction 
of  the  incidental  expenses  of  post  offices.  And  it  is 
a  more  important  feature  of  the  bill  than  gentlemen 
would  suppose  without  an  examination  of  the  sub 
ject. 

Another  change  proposes  that  persons  directing 
their  letters  to  be  returned  to  them  if  not  called  for 
shall  be  charged  three  cents  for  each  letter  returned. 
The  law  now  requires  them  to  be  returned  without 
extra  charge. 

Another  reform  is  in  authorizing  letters  which  have 
not  been  prepaid  with  stamps,  but  which,  from  their 
exterior,  show  that  the  lack  of  prepayment  has  been 
accidental,  to  be  sent  to  the  persons  to  whom  they  are 
addressed  upon  payment  of  double  postage  by  them. 

By  the  strict  letter  of  the  law  as  it  now  exists, 
where  the  stamps  upon  letters  have  become  detached, 
even  where  the  department  is  satisfied  that  the  postage 
has  been  intended  to  be  prepaid,  the  letters  cannot  be 


APPENDIX.  391 

sent  to  their  address.  The  bill  corrects  that  defect  in 
the  existing  law. 

I  think  that  I  have  stated  all  of  the  important  pro 
visions  of  the  bill,  and  I  will  now  proceed  to  move  the 
amendments  I  am  instructed  to  offer  by  the  Commit 
tee  on  the  Post  Office  and  Post  Roads. 

Mr.  Hutchins. — I  design  to  move  a  substitute  for 
the  bill. 

Mr.  Colfax. — The  rule  is  to  perfect  the  original 
bill  before  the  question  is  taken  on  the  substitute.  I 
will  now  proceed  to  move  the  amendments  to  the  ori 
ginal  bill. 

I  move  to  insert  in  section  four,  line  four,  after  the 
word  "  three,"  the  words  u  including  box-rent; "  so  that 
it  will  read : 

SEC.  4.  And  be  it  further  enacted,  That  whenever 
the  compensation  of  postmasters  of  the  several  offices 
for  the  four  consecutive  years  preceding  the  1st  day  of 
July,  1863,.  including  box-rent,  shall  have  amounted 
to  an  average  annual  sum  not  less  than  $3,000,  such 
offices  shall  be  assigned  to  the  first  class,  &c. 

This  is  to  carry  out  the  intention  of  those  who 
drafted  the  bill. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — I  move,  in  the  second  line  of  section 
seven,  to  strike  out  the  words  u  once  in  two  years," 
and  in  lieu  thereof  to  insert  "  annually ; "  so  that  it  will 
read: 

SEC.  7.  And  be  it  further  enacted,  That  the  Post 
master  General  has  the  discretion  to  review  annually, 
but  not  oftener,  and  readjust  on  the  basis  in  the  pre- 


392  APPENDIX. 

ceding  sections  of  this  code  provided,  the  salary  as 
signed  by  him  to  any  office,  &c. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — I  move,  in  line  three,  section  nine, 
after  the  word  "three,"  to  insert  these  words,  uand  in 
other  offices  of  recent  establishment,  and  regularly  in 
creasing  business ; "  in  line  five,  after  the  word  "office," 
to  insert  "  for  a  less  period ; "  and  in  the  eighth  line  to 
strike  out  "when"  and  insert  "where;"  so  that  it  will 
read: 

SEC.  9.  And  be  it  furthef  enacted,  That  in  offices 
which  have  not  been  established  for  four  years  prior 
to  the  1st  day  of  July,  1863,  and  in  other  offices  of  re 
cent  establishment  and  regularly  increasing  business, 
the  salary  may  be  adjusted  upon  a  satisfactory  return 
by  the  postmaster  of  the  receipts,  expenditures,  and 
business  of  his  office  for  a  less  period :  Provided,  That 
fifty  per  cent,  of  the  gross  revenue  of  such  office  shall 
be  in  all  cases  the  largest  amount  allowed  to  such  post 
masters  for  their  salaries,  respectively,  except  in  cases 
where  it  shall  be  a  separating  or  distributing  office,  as 
provided  for  in  section  eleven  of  this  law. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — I  move,  in  line  four,  section  fourteen, 
after  the  word  "office,"  to  insert  the  word,  "or;"  so 
that  it  will  read : 

SEC.  14.  And  be  it  further  enacted,  That  every  post 
master  shall  keep  a  record  in  his  office  of  all  postage- 
stamps  and  envelopes,  and  of  all  postal-books,  blanks, 
or  property  received  from  his  predecessor  in  office  or 
from  the  Post  Office  Department,  or  from  any  of  its 


APPENDIX.  393 

agents,  and  also  of  all  payments  in  money  for  postages, 
and  all  payments  for  box-rents,  and  of  all  other  receipts 
on  account  of  any  part  of  the  postal  service,  and  of  any 
other  transactions  which  shall  be  required  by  the  Post 
master  General,  and  these  records  shall  be  preserved 
and  delivered  over  to  his  successor  in  office,  and  shall 
be  at  all  times  subject  to  examination  of  any  special 
agent  of  the  Department. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — I  move,  in  section  fifteen,  line  four, 
to  strike  out  "  has"  and  insert  "  shall  have ;"  so  that  it 
will  read : 

SEC.  15.  And  be  it  further  enacted,  That  whenever, 
by  reason  of  the  presence  of  a  military  or  naval  force 
near  any  post  office,  unusual  business  accrues  thereat, 
the  Postmaster  General  shall  have  power  to  make  a 
special  order  allowing  proportionately  reasonable  com 
pensation  to  the  postmaster,  and  for  clerical  service, 
during  the  period  of  such  extraordinary  business. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — I  move,  in  line  fifteen,  section  six 
teen,  after  the  word  "  postmasters,"  to  insert  u  to  the 
effect ; "  so  that  it  will  read : 

And  the  Postmaster  General  is  further  authorized 
to  require,  by  a  form  to  be  prepared  by  him,  a  sworn 
statement,  to  accompany  or  following  the  quarterly 
account  of  any  or  all  postmasters,  to  the  effect  that 
such  postmaster  has  in  such  account  truly  stated  the 
entire  amount  of  postages,  box*rents,  and  all  other 
charges  and  emoluments  collected  or  received  by  him 
at  his  office  during  such  quarter. 


394  APPENDIX. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — I  move,  in  line  two,  section  seven 
teen,  to  strike  out  the  words  "  has  authority/1  and  to 
insert  in  lieu  thereof  "  is  hereby  authorized ; "  so  that 
it  will  read : 

SEC.  17.  And  be  it  further  enacted,  That  the  Post 
master  General  is  hereby  authorized  to  regulate  the 
periods  during  which  undelivered  letters  shall  remain 
in  any  post  office,  and  the  times  such  letters  shall  be 
returned  to  the  dead-letter  office,  &c. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — I  move  the  same  amendment  in  the 
seventh  line  of  the  same  section. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — I  ask  the  attention  of  the  House  to 
an  amendment  that  is  material.  I  move  to  strike  from 
the  seventeenth  section  the  following  words : 

"Or  where  a  newspaper  published  within  the  deliv 
ery  of  an  adjoining  post  office  has  the  largest  circula 
tion  within  the  post  office  delivery  in  question." 

So  that  it  will  read  : 

He  has  authority,  also,  to  order  the  publication  of 
the  list  of  non-delivered  letters  at  any  post  office,  in 
his  discretion,  by  writing,  posted  in  a  public  place  or 
places,  or  in  any  daily  or  weekly  newspaper  regularly 
published  within  the  post  office  delivery  having  the 
largest  circulation  within  such  delivery  ;  and  where  no 
such  paper  is  published  within  the  post  office  delivery, 
such  list  may  be  published  in  any  newspaper  of  an  ad 
joining  delivery  having  the  largest  circulation  within 
the  delivery  of  the  post  office  publishing  the  lists,  &c. 


APPENDIX.  395 

Mr.  Speaker,  the  object  of  the  amendment  is  this : 
the  effect  of  these  words  sought  to  be  stricken  out 
would  be  to  give  to  a  daily  newspaper  in  a  large  city 
the  post  office  advertisements  for  all  of  the  suburban 
towns  around  it.  I  will  give  an  example. 

Under  this  provision,  if  the  New  York  Herald  has 
a  larger  circulation  in  Brooklyn  than  any  daily  Brook 
lyn  paper,  it  will  get  the  post  office  advertisements  for 
Brooklyn.  The  Post  Office  Committee  thought  that 
this  local  patronage  of  publishing  the  advertised  list 
of  letters  should  go  to  the  local  papers.  In  Boston  we 
have  a  paper  of  large  circulation. 

A  Member. — The  Boston  Courier  ? 

Mr.  Colfax. — I  think  that  the  gentleman  is  mis 
taken  in  its  name.  Under  the  bill  as  it  now  stands, 
the  publication  of  the  lists  of  advertised  letters  in  Dor 
chester,  Cambridge,  Roxbury,  and  the  adjoining  towns, 
would  be  given  to  the  Boston  daily  paper  having  the 
largest  circulation,  if  they  exceeded  in  these  towns  the 
circulation  of  their  local  papers.  So,  also,  in  villages 
adjacent  to  Cincinnati,  Chicago,  &c.  It  was  for  that 
reason  the  Committee  on  the  Post  Office  and  Post 
Hoads  moved  to  strike  those  words  out. 

Mr.  Moorhead.  - 1  am  opposed  to  amending  the 
section  in  the  manner  proposed  by  the  gentleman  from 
Indiana.  In  my  district  we  have  adjoining  the  city 
of  Pittsburg,  Alleghany,  with  a  population  of  thirty 
thousand.  Now,  there  is  no  daily  newspaper  in  Alle 
ghany,  and  under  the  law  as  it  now  stands  we  have  to 
put  up  the  advertised  list  of  letters  in  writing.  The 
gentleman's  amendment,  therefore,  would  preclude  the 


396  APPENDIX. 

people  of  Alleghany  from  having  its  list  of  advertised 
letters  published  in  a  paper  of  the  city  of  Pittsburg, 
which  generally  circulates  in  their  own  midst.  In  order 
to  obviate  this  objection  to  the  amendment  as  proposed 
by  the  gentleman,  I  suggest  that  he  strike  out  the  word 
"  such  "  where  it  occurs,  and  in  lieu  thereof  insert  the 
word  "  daily,"  so  that  it  will  read,  "  and  where  no  daily 
paper  is  published  within  the  post  office  delivery,"  &c. 
If  the  gentleman's  amendment  be  modified  in  that  way, 
I  do  not  know  that  I  will  then  object  to  it. 

Mr.  Colfax. — I  have  no  objection  to  agreeing  to 
that  modification  of  my  amendment ;  I  think  it  is  right 
and  proper,  if  there  be  no  daily  paper  in  the  delivery 
district,  that  the  publication  of  the  list  of  advertised 
letters  should  be  given  to  the  paper  of  the  adjoining 
district  with  the  largest  circulation.  My  amendment 
allows  it  in  that  event,  as  the  gentleman  will  see,  but 
I  am  willing  to  have  it  stated  specifically.  I  there 
fore  accept  the  amendment  of  the  gentleman  from 
Pennsylvania  as  a  modification  of  iny  own  amend 
ment. 

Mr.  McKnight. — Let  me  make  a  suggestion.  I 
think  there  ought  to  be  a  provision  inserted  in  this  bill 
that  the  daily  paper  to  be  selected  shall  not  be  a  paper 
started  as  a  daily  paper  for  only  two  or  there  days,  in 
order  to  secure  the  publication  of  the  list  of  advertised 
letters,  and  then,  as  the  saying  is,  to  "go  up."  That 
has  been  done  in  some  instances,  and  ought  to  be  pro 
vided  against  in  the  future.  I  think  that  there  ought 
to  be  some  discretion  left  to  the  postmaster,  in  order 
that  the  paper  in  which  the  list  of  advertised  letters  is 


APPEOTHX.  397 

published  shall  really  be  an  established  daily  paper  of 
the  largest  circulation. 

Mr.  Colfax.— There  is  no  danger  of  any  daily  news 
paper  being  started  for  the  mere  purpose  of  getting  the 
publication  of  the  list  of  advertised  letters,  for  it  now 
barely  pays  the  cost  of  composition. 

Mr.  McKnight. — I  know  of  cases  where  a  paper 
was  started  as  a  daily  paper  in  order  to  secure  the 
publication  of  the  list  of  advertised  letters,  and  after 
wards  complained,  because  it  did  not  get  it,  that  it  was 
compelled  to  restrict  its  publication  from  once  a  day  to 
once  a  week. 

Mr.  Colfax's  amendment,  as  modified,  was  agreed 
to. 

Mr.  Colfax. — In  section  twenty-one,  line  six,  I 
move  to  strike  out  "  $600,"  and  insert  "  $800  ;"  so  that 
it  will  read  : 

SEC.  21.  And  be  it  further  enacted,  That  letter-car 
riers  shall  be  employed  at  such  post  offices  as  the  Post 
master  General  shall  direct  for  the  delivery  of  letters  in 
the  places  respectively  where  such  post  offices  are  estab 
lished  ;  and  for  their  services  they  shall  severally  re 
ceive  a  salary,  to  be  prescribed  by  the  Postmaster  Gen 
eral,  not  exceeding  $800  per  year. 

This  amendment  is  offered  at  the  request  of  the 
Post  Office  Department. 

The  amendment  was  agreed  to. 

o 

Mr.  Colfax. — I  move  to  strike  from  the  twenty- 
seventh  section  the  fourth  clause,  which  is  in  these 
words : 

"Fourth.  Upon  all  papers  and  periodicals  published 


398  APPENDIX. 

less  frequently  than  once  a  week :  Provided,  That  this 
clause  shall  not  take  effect  until  the  1st  day  of  July, 
1864." 

The  effect  of  the  fourth  clause,  if  left  in  the  bill,  is 
to  require  the  publishers  of  magazines  to  prepay  the 
postage  on  the  magazines  sent  through  the  mails  to 
their  subscribers. 

The  present  system  authorizes  the  subscribers  to 
all  newspapers  and  magazines  to  pay  their  postage 
quarterly  at  the  post  office  where  they  receive  their 
papers  and  magazines ;  and  this  bill  requires  them 
compulsorily  to  pay  in  advance  or  else  to  pay  as  tran 
sient  matter,  which  will  be  a  much  larger  sum.  The 
Committee  thought  it  was  not  wise  that  while  you 
allow  newspapers  to  send  to  subscribers  without  re 
quiring  prepayment,  you  should  require  magazine  pub 
lishers  to  prepay  the  postage  to  their  subscribers.  That 
amendment  has  been  considered,  and  now  receives  the 
assent  of  both  the  House  and  Senate  Post  Office  Com 
mittees,  and  of  the  Department. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — To  carry  out  the  same  idea,  I  move 
to  strike  out,  in  the  next  section,  from  the  paragraph 
allowing  subscribers  to  pay  postage  quarterly,  lines 
twelve  and  thirteen,  the  words,  "more  frequently  than 
once  a  week,"  and  insert  "  at  stated  periods  ;  "  so  that 
the  clause  shall  read : 

Upon  regular  weekly,  tri- weekly,  semi- weekly  and 
daily  publications,  and  all  other  regular  publications, 
issued  from  a  known  office  of  publication  at  stated 
periods,  and  sent  to  regular  subscribers. 


APPENDIX.  399 

The  amendment  was  agreed  to. 

Mr.  Colfax. — I  move  also,  for  the  same  purpose,  to 
strike  out  the  second  clause,  which  is  as  follows  : 

"  Second.  Upon  all  newspapers  and  periodicals 
issued  from  a  known  office  of  publication  less  fre 
quently  than  once  a  week,  and  sent  to  regular  sub 
scribers  :  Provided,  That  this  clause  shall  cease  to  have 
any  force  or  effect  after  the  30th  day  of  June,  1864." 

The  amendment  was  agreed  to. 

Mr.  Colfax. — I  move  to  amend  section  twenty-nine, 
in  line  two,  by  striking  out  the  word  "  is,"  and  insert 
ing  "  shall  be.1'  The  amendment  is  merely  verbal. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — To  section  thirty  I  move  three  verbal 
amendments.  In  lines  two,  four,  and  six  respectively, 
I  move  to  strike  out  the  word  "  embraces,"  and  insert 
in  lieu  thereof  the  words  "  shall  embrace." 

The  amendments  were  agreed  to. 

Mr.  Colfax. — I  am  requested  by  the  Department  to 
move  an  amendment  at  the  end  of  section  thirty-three. 
At  the  end  of  the  section  add  the  following  : 

Provided,  The  Postmaster  General  may  prescribe 
by  regulation  a  rate  not  exceeding  twenty-five  cents  to 
be  charged  and  collected  on  letters  marked  "  for  special 
delivery ;  "  and  when  his  regulations  in  this  respect  are 
complied  with,  he  shall,  at  offices  to  be  designated  by 
him,  cause  the  same  to  be  immediately  dispatched  for 
delivery  on  arrival,  whether  in  the  day  or  night,  by 
special  carriers. 

This  is  the  Prussian  system,  and  only  refers  to  let 
ters  which  are  marked  u  for  special  delivery." 


400  APPENDIX. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — I  move  to  amend  section  forty,  in 
line  four,  by  striking  out  the  word  "without,"  and 
insert  the  word  "  with; "  so  that  the  section  shall  read 
as  follows : 

And  be  it  further  enacted,  That  all  letters  directed 
to  any  person  not  found  at  the  office  addressed  may  be 
forwarded  to  any  other  office  where  he  may  be  found, 
with  additional  postage  therefor. 

Mr.  Hutchins. — I  hope  that  amendment  will  not  be 
adopted.  I  think  the  House  does  not  understand  it. 

Mr.  Colfax. — This  section,  as  it  came  from  the  Sen 
ate,  provided  that  if  a  letter  was  sent  to  me,  for  in 
stance,  at  New  York,  and  I  had  left  orders  for  the  post 
master  at  New  York  to  send  it  to  me  at  South  Bend, 
and  then  at  South  Bend  had  ordered  it  to  be  sent  to 
me  at  San  Francisco,  it  would  follow  me  around  the 
country  without  any  additional  charge.  We  think 
that  when  a  letter  is  properly  directed,  and  when 
a  person  has  demanded  that  it  shall  be  forwarded  to 
him,  he  should  pay  one  additional  postage  for  the  letter 
which  follows  him  up.  That  is  the  object  of  the  amend 
ment.  Where  a  letter  is  missent  it  is  forwarded  with 
out  additional  charge  ;  but  where  it  is  properly  direct 
ed  and  forwarded  to  another  place  at  the  request 
of  the  person  to  whom  it  is  sent,  the  bill  requires  him 
to  pay  three  cents.  I  think  it  is  right. 

Mr.  McKnight. — I  suggest  that  the  gentleman  had 
better  put  in  the  words  "  by  request.  "  A  letter  may 
be  chasing  a  person  round  without  his  request,  and 
when  he  does  not  want  it. 


APPENDIX.  401 

Mr.  Colfax. — I  am  afraid  my  friend  will  make  the 
bill  too  long. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — I  move  to  amend  the  following  clause 
of  section  forty-one — 

"  But  all  such  letters  shall  be  deposited  in  the  post 
office  at  the  port  of  arrival  for  mailing  or  delivery ; 
and  if  for  delivery  within  the  United  States  shall  be 
rated,  if  unpaid,  with  double  rates  of  postage  ;  and  if 
only  one  rate  shall  have  been  prepaid  by  stamps,  with 
one  additional  rate  ;  in  both  cases  covering  the  fee  paid 
to  the  vessel.  No  fees  shall  be  allowed  for  letters  col 
lected  by  a  carrier  on  a  mail  route — " 
by  striking  out  the  words  "  if  unpaid,"  and  the  words 
"  and  if  only  one  rate  shall  have  been  prepaid  by 
stamps  with  one  additional  rate;  in  both  cases  covering," 
and  inserting  in  lieu  of  the  latter  words  the  words 

"  which  shall  cover." 

i 

The  amendments  were  agreed  to. 

Mr.  Colfax. — I  move  to  amend  section  forty-four,  on 
page  21,  line  eight,  by  inserting  before  the  word  "cir 
cular"  the  word  "  unsealed ;"  so  that  circulars  shall 
not  be  sealed  up,  if  desired  to  go  in  the  mails  at  circu 
lar  postage. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — At  the  end  of  the  same  clause,  I  move 
to  add  the  words  "  directed  to  one  address ; "  so  that 
the  clause  shall  read  : 

"  Unsealed  circulars  not  exceeding  three  in  number 
shall  pass  at  the  single  rate  of  two  cents,  and  in  that  pro- 

26 


402  APPENDIX. 

portion  for  a  greater  number,  adding  one  rate  for  three 
circulars,  or  less  number  thereof,  directed  to  one  ad 
dress.11 

The  amendment  was  agreed  to. 

"  Mr.  Colfax. — I  now  call  the  attention  of  the  House 
to  an  important  matter.  At  the  end  of  section  forty- 
five,  page  22,  I  move  to  add  the  following  : 

"  But  the  publishers  of  weekly  riewpapers  may  send 
to  each  actual  subscriber  within  the  county  where 
their  papers  are  printed  and  published  one  copy  there 
of  free  of  postage." 

In  1852  Congress  adopted  a  provision  authorizing 
publishers  to  send  papers  free  of  postage  to  any  place 
in  the  county.  The  effect  of  this  bill,  as  it  came 
from  the  Senate,  would  be  to  strike  that  privilege 
down.  The  newspapers,  as  every  body  knows  through 
out  the  country,  are  now — my  friend  behind  me  says 
4C  howling "  [laughter] — but  they  are  nearly  all  of 
them  now  published  at  a  loss  in  consequence  of  the 
increased  charge  for  paper,  the  internal  tax,  and  the 
higher  rate  of  living.  To  take  away  from  them  this 
provision,  which  has  been  granted  to  them  and  con 
tinued  by  Congress  for  the  last  ten  years,  would  have 
a  very  injurious  effect  upon  them.  For  that  reason 
the  Committee  on  the  Post  Office  directed  me  to 
move  the  amendment. 

Mr.  Sargent. — I  understood  the  gentleman  from  In 
diana  to  say,  in  reply  to  the  gentleman  from  Rhode 
Island,  [Mr.  Sheffield,]  that  the  franking  privilege  was 
not  affected  by  this  act. 

Mr.  Colfax. — It   is  not  intended  to  be  affected.      I 


APPENDIX.  403 

did  not  draw  the  bill  myself,  but  know  that  that  was 
not  the  intention  of  its  authors. 

Mr.  Sargent. — The  requirement  of  the  bill  is  that 
all  matter  shall  be  prepaid.  Now,  if  that  applies  to 
newspaper  postages,  it  must  apply  to  all  matter  sent, 
whether  by  members  of  Congress,  the  Departments,  or 
others.  When  this  bill  declares  that  all  matter  shall 
be  prepaid  at  a  certain  rate,  the  true  construction  is 
that  it  applies  as  well  to  what  you  and  I  send  as  to 
newspapers.  Therefore,  I  think  the  gentleman  from 
Indiana  is  mistaken  in  declaring  that  the  bill  does  not 
repeal  the  franking  privilege,  or  else  ,he  is  in  error  in 
wishing  the  amendment  to  prevail. 

Mr.  Colfax. — The  franking  privilege  stands  upon  a 
provision  of  independent  law.  This  bill  was  reported 
by  the  Senator  from  Vermont,  [Mr.  Collamer,]  who,  I 
believe,  is  opposed  to  the  abolition  of  the  franking  pri 
vilege.  I  understand  that  the  present  head  of  the 
Post  Office  Department  is  not  in  favor  of  the  entire 
abolition  of  the  franking  privilege,  in  which  I  had  the 
misfortune  to  differ  with  him ;  but  I  know  it  was  not 
the  design  of  the  Department  or  of  the  Post  Office 
Committee  to  abolish  it  in  this  bill.  If  it  had  been,  I 
should  have  so  notified  the  House  frankly. 

Mr.  Sargent. — I  am  in  favor  of  that  amendment. 
I  think  I  am  as  much  in  favor  as  the  gentleman  from 
Indiana  of  abolishing  the  franking  privilege  entirely. 
But  I  wish  the  House  to  understand  what  it  is  voting 
upon ;  and  as  the  gentleman  from  Indiana  states  that 
it  is  his  opinion  and  the  opinion  of  the  Post  Office  De 
partment  that  this  bill  does  not  repeal  the  franking 


404  APPENDIX. 

privilege,  I  wish  to  call  attention  to  section  fifty-two, 
which  says  "  that  all  acts  and  parts  of  acts  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed  ;  " 
consequently,  whether  the  franking  privilege  exists  un 
der  an  independent  statute  or  not,  it  is  repealed,  pro 
vided  it  conflicts  with  this  act..  Now,  by  turning  to 
page  13,  we  find  "that  upon  the  following  mailable 
matter  the  postage  must  be  prepaid  at  the  time  of 
mailing  by  stamps,  unless  otherwise  expressly  provided 
in  this  act/1 

"  1.  Upon  all  domestic  letters,  whether  passing 
through  the  mails,  or  collected,  or  delivered  by  postal 
agents  or  carriers." 

And  subsequent  provisions  exclude  public  docu 
ments,  seeds.  &c. ;  and  then  again,  on  page  16,  section 
thirty-two  provides — 

"  That  the  rate  of  postage  on  all  domestic  letters 
transmitted  in  the  mails  of  the  United  States,  and  not 
exceeding  one  half  ounce  in  weight,  shall  be  uniform  at 
three  cents  ;  and  for  each  half  ounce  or  fraction  thereof 
of  additional  weight  there  shall  be  charged  an  addi 
tional  rate  of  three  cents,  to  be  in  all  cases  prepaid  by 
postage  stamps  plainly  affixed  to  such  letter." 

Now,  Sir,  there  is  no  provision  in  this  bill  except 
ing  letters  sent  by  members  of  Congress,  or  from  the 
Departments,  or  by  any  other  persons.  Consequently 
these  provisions  must  have  full  effect ;  and  when  you 
repeal  every  law  inconsistent  with  them,  you  necessa 
rily  repeal  the  franking  privilege ;  it  makes  no  differ 
ence  when  it  was  passed,  whether  one  year  ago  or  ten 
years  ago,  it  is  necessarily  repealed  by  this  section. 


APPENDIX.  405 

Mr.  S.  C.  Fessenden. — I  desire  to  ask  the  gentle 
man  from  Indiana  a  question  in  regard  to  the  forty- 
second  section.  I  did  not  hear  his  opening  remarks  ; 
but  the  eleventh  line  of  that  section  provides  that  the 
registration  of  letters  shall  be  compulsory. 

Mr.  Colfax. — That  has  been  stricken  out  in  the  bill 
now  before  us.  It  is  in  the  printed  bill  reported  by 
the  Senate  Committee  on  the  Post  Office,  but  not  in 
the  bill  as  it  passed  the  Senate. 

I  can  only  say  to  the  gentleman  from  California 
[Mr.  Sargent]  what  was  the  intention  of  the  Post  Of 
fice  Department  and  of  the  Post  Office  Committee  of 
the  Senate,  as  I  understand  it  from  consultation  with 
members  of  both.  The  intention  was  not,  by  any  in 
direction,  to  change  the  law  with  respect  to  the  frank 
ing  privilege.  The  law  now  in  force  requires  postage 
of  ten  cents  to  be  paid  upon  all  letters  sent  to  Califor 
nia,  and  yet  the  gentleman  sends  letters  there  under 
his  frank,  because  there  is  an  independent  law  confer 
ring  the  franking  privilege  upon  certain  persons,  from 
the  President  down. 

But,  Sir,  I  am  perfectly  willing,  in  order  that  there 
may  be  no  doubt  about  the  matter,  to  amend  the  thir 
ty-second  section  by  inserting  after  the  words  u  on  all 
domestic  letters  "  the  words  "  subject  to  postage."  That 
will  cover  the  gentleman's  point. 

Mr.  Sargent. — I  would  suggest  the  addition  of  a 
proviso  like  this : 

"  Provided,  That  nothing  in  this  act  shall  be  so  con 
strued  as  to  abolish  or  abridge  the  franking  privilege 
now  provided  for  by  law." 


406  APPENDIX. 

I  shall  not  press  this  amendment,  provided  the 
proposition  to  be  offered  by  the  gentleman  from  Mas 
sachusetts  [Mr.  Alley],  partially  to  abridge  the  frank 
ing  privilege,  prevails  ;  but  if  not,  I  think  we  ought  to 
remove  all  obscurity  by  some  such  amendment. 

Mr.  Yallandigham. — I  suggest  to  the  gentleman 
that  he  can  move  to  add  that  proviso  at  the  end  of  the 
bill,  in  case  the  amendment  of  the  gentleman  from  Mas 
sachusetts  [Mr.  Alley]  should  not  prevail. 

Mr.  Sargent. — That  is  my  intention. 

Mr.  Colfax. — I  wish  to  state  that  if  there  is  to  be 
any  test  vote  upon  abolishing  the  franking  privilege,  I 
shall  of  course  vote  to  abolish  it. 

Mr.  Vallandigham. — I  hope  no  such  test  will  be 
presented.  We  have  had  that  subject  sufficiently  dis 
cussed. 

The  amendment  of  Mr.  Colfax  was  agreed  to. 

Mr.  Colfax. — In  section  forty- six,  line  twenty,  I 
move  to  strike  out  the  following  words  :  "  until  the  1st 
day  of  July,  1864." 

Mr.  Wright. — Since  that  last  amendment  has  been 
adopted,  there  should  be  an  additional  amendment 
adopted  to  the  forty-fifth  section.  As  it  now  stands, 
there  is  to  be  an  annual  postage  of  twenty  cents  charged 
upon  any  newspaper  published  in  any  county,  if  deliv 
ered  in  the  county. 

Now,  as  I  understand  the  amendment  adopted,  you 
propose  to  exempt  from  postage  newspapers  delivered 
through  the  mails  within  the  counties.  It  seems  to  ine 
that  this  forty-fifth  section  ought  to  be  stricken  out,  in 
order  to  conform  to  the  amendment  already  adopted. 


APPENDIX.  407 

Mr.  Colfax. — The  amendment  adopted  of  course 
qualifies  this  section  in  regard  to  papers  circulating  in 
the  counties  where  published. 

Mr.  Wright. — Does  not  the  section  provide  that 
there  shall  be  a  rate  of  five  cents  per  quarter  upon  any 
newspaper  that  goes  through  the  United  States  mails? 
That  ought  to  be  stricken  out. 

Mr.  Colfax. — The  proviso  just  added  is  in  the  same 
section  referred  to  by  the  gentleman  from  Pennsylva 
nia,  and  of  course  qualifies  to  that  extent  the  whole. 
Let  me  add  on  the  pending  question  :  under  the  present 
law  the  rate  of  postage  on  a  weekly  paper  circulated  in 
the  State  where  published  is  three  and  a  quarter  cents 
per  quarter ;  and  if  sent  outside  of  the  State,  six  and  a 
half  cents  a  quarter.  These  are  rates  that  no  man  can 
pay  exactly.  There  is  no  change  in  which  you  can  pay 
them,  and  in  order  to  remove  this  difficulty,  they  have 
taken  the  average  of  the  two  and  made  the  postage  five 
cents  per  quarter.  I  now  ask  for  a  vote  on  the  amend 
ment. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — I  now  move  to  strike  out  all  after  the 
word  "  received  "  in  line  twenty  of  the  same  section,  as 
follows :  "  but  on  and  after  the  first  day  of  July,  1864, 
these  rates  shall  in  all  cases  be  prepaid  by  stamps  at 
the  time  of  mailing,1'  and  to  insert  after  the  words, 
"  news  dealers  may  pay  the  postage  on  their  packages 
as  received,"  the  words  "  at  the  same  rates  pi*o  rata  as 
yearly  or  semi-annual  subscribers,  who  pay  postage 
quarterly  in  advance."  That  is  only  to  carry  out  the 
idea  in  the  preceding  section. 


408  APPENDIX. 

The  amendment  was  agreed  to. 

Mr.  Colfax. — Now,  Mr.  Speaker,  having  perfected 
the  bill,  with  the  exception  of  the  earlier  sections  to 
which  I  drew  the  attention  of  the  committee,  I  will 
state  that,  in  sections  from  the  third  up  to  the  twelfth 
inclusive,  there  is  embodied  a  change  in  the  present 
system  of  compensating  postmasters.  I  said  I  would 
reserve  that  point  to  the  last. 

Postmasters  are  now  paid  a  commission  upon  the 
business  of  their  offices,  except  when  this  exceeds  $4,000 
per  year.  This,  of  course,  creates  a  great  deal  of  com 
plication  in  their  accounts,  which  has  attracted  the  at 
tention  of  the  Department  and  induced  them  to  ask 
Congress  to  change  this  system  of  compensation  by 
commissions  to  one  of  compensation  by  salaries,  the 
salaries  to  be  graduated  upon  the  average  receipts  of 
an  office  for  the  last  four  years.  There  is  one  excep 
tion  made  in  this  amendment,  and  that  is  that  the 
Postmaster  General  shall  not  be  confined  so  strictly  to 
this  average  in  the  case  of  newly  established  offices. 
That  is  in  section  nine  ;  but  in  any  such  case  no  more 
than  fifty  per  cent,  of  the  gross  revenue  is  to  be  allowed 
to  the  postmasters. 

I  can  appreciate  the  motives  which  have  actuated 
the  Department  in  the  desire  to  change  the  system  of 
commissions  to  one  of  salaries,  but  I  have  not  been  able 
to  concur  with  the  Department  and  with  a  majority  of 
my  colleagues  on  the  Committee  on  the  Post  Office 
and  Post  Roads  of  the  House  on  this  question.  I 
think  that  the  present  system,  although  it  may  cause 
some  trouble  and  annoyance,  is  really  the  best  system. 


APPENDIX.  409 

I  think  your  postmasters  will  be  far  more  faithful  and 
more  desirous  to  gather  together  these  little  driblets 
out  of  which  the  revenue  of  the  Post  Office  Depart 
ment  is  created,  if  you  make  them  feel  that  their  pay 
will  be  proportionate  to  the  receipts  of  their  office. 
You  thereby  encourage  postmasters  to  undergo  even 
the  laborious  task  of  writing  letters  for  poor  persons  in 
their  vicinity  who  are  not  able  to  write  themselves,  be 
cause  they  feel  that  half  to  two  thirds  of  the  postal  rev 
enue  collected  in  their  offices  go  into  their  own  pockets. 
This  leads  them  also  to  encourage  the  circulation  of 
newspapers,  get  up  clubs,  &c.  They  feel  more  depend 
ent  on  the  people  for  whom  they  are  to  act ;  and  I 
have  feared  that  if  this  system  be  changed  into  a  salary 
system,  the  postmaster  will  be  less  active  in  the  dis 
charge  of  his  duties.  He  will  feel  that  his  salary  will 
be  the  same  for  the  next  two  or  three  years,  without 
regard  to  the  greater  or  less  receipts  of  his  office.  I 
think  the  change  of  system  would  tend  to  decrease  the 
postal  revenue.  But  the  Department  differs  from  me 
on  this  subject.  It  has  been  ably  represented  before 
the  Post  Office  Committee,  and  the  committee  after 
hearing  arguments  decided  that  it  would  recommend 
the  adoption  of  this.  plan.  I,  therefore,  on  behalf  of 
this  committee  and  as  its  organ,  have  to  ask  a  concur 
rence  in  this  change  ;  though  if  any  motion  were  made 
to  strike  out  the  section,  I  would  vote  for  it. 

Mr.  Sheffield. — For  the  purpose  of  testing  the  sense 
of  the  House  on  this  subject,  I  move  to  strike  out  the 
third  section.  My  objection  to  the  bill  in  this  form  is 
that  it  creates  a  new  institution,  a  kind  of  supplemen- 


410  APPENDIX. 

tal  Congress,  and  puts  the  whole  power  of  legislation 
on  the  subject  of  the  Postal  Department  in  the  hands 
of  the  Postmaster  General.  I  have  no  doubt  that  it 
would  be  in  very  good  hands,  and  that  legislation 
would,  perhaps,  be  better  done  by  him  than  by  Con 
gress.  But  the  power  to  legislate  is  in  Congress,  and 
I  do  not  believe  we  have  authority  or  that  it  would  be 
good  policy  for  us  to  delegate  it  to  any  Department  of 
the  Government. 

I  entirely  agree  with  the  chairman  of  the  Com 
mittee  on  the  Post  Office  and  Post  Roads,  that  it 
would  be  more  for  the  interest  of  Government  to  per 
mit  these  officers  to  receive  their  pay  by  way  of  com 
mission  than  to  fix  regular  salaries.  [The  person  who 
fixes  these  salaries  will  be  constantly  subjected  to  pres 
sure  on  that  account ;  and  I  assure  you  that  the  office 
of  the  Postmaster  General  would  become  a  thankless 
office.  H.e  would  be  besieged  by  all  the  postmasters 
of  the  country  asking  him  to  increase  their  salaries, 
or  to  do  some  act  which  would  give  them  more 
compensation.  I  hope  the  amendment  will  be  adopted. 

Mr.  Windom. — I  move  to  amend  the  amendment 
by  striking  out  from  the  third  to  the  twelfth  sec 
tion  inclusive. 

Mr.  Sheffield.  I  accept  the  amendment. 

The  amendment  is  to  strike  out  the  following  sec 
tions  : 

"  SEC.  3.  And  be  it  further  enacted,  That  the  annual 
compensation  of  postmasters  shall  be  divided  into  five 
classes  ;  postmasters  of  the  first  class  shall  receive  not 
more  than  $4,000  nor  less  than  $3,000  ;  postmasters  of 


APPENDIX.  411 

the  second  class  shall  receive  less  than  $3,000  and  not 
less  than  $2,000 ;  postmasters  of  the  third  class  shall  re 
ceive  less  than  $2,000  and  not  less  than  $1,000  ;  post 
masters  of  the  fourth  class  shall  receive  less  than  $1,000 
and  not  less  than  $100  ;  postmasters  of  the  fifth  class 
shall  receive  less  than  $100  ;  and  the  compensation  of 
postmasters  of  the  several  classes  aforesaid  shall  be 
established  by  the  Postmaster  General  under  the  rules 
hereinafter  provided. 

USEC.  4.  And  be  it  further  enacted,  That  whenever 
the  compensation  of  postmasters  of  the  several  offices 
for  the  four  consecutive  years  next  preceding  the  1st 
day  of  July,  1863,  shall  have  amounted  to  an  average 
annual  sum  not  less  than  $3,000,  such  offices  shall  be 
assigned  to  the  first  class;  whenever  it  shall  have 
amounted  to  less  than  $3,000,  but  not  less  than  $2,000, 
such  offices  shall  be  assigned  to  the  second  class ;  when 
ever  it  shall  have  amounted  to  less  than  $2,000,  but 
not  less  than  $1,000,  such  offices  shall  be  assigned  to 
the  third  class  ;  whenever  it  shall  have  amounted  to 
$1,000,  and  not  less  than  $100,  such  offices  shall  be 
assigned  to  the  fourth  class  ;  and  whenever  it  shall 
have  amounted  to  less  than  $100,  such  offices  shall 
be  assigned  to  the  fifth  class. 

"  SEC.  5.  And  be  it  further  enacted,  That  to  offices 
of  the  first,  second,  and  third  classes,  shall  be  severally 
assigned  salaries  in  even  hundreds  of  dollars  as  nearly 
as  practicable  in  amount  the  same  as  but  not  exceed 
ing  the  average  compensation  of  the  postmasters  there 
of  for  the  four  years  next  preceding ;  and  to  the  offices 
of  the  fourth  class  shall  be  assigned  severally  salaries, 


412  APPENDIX. 

in  even  tens  of  dollars,  as  nearly  as  practicable  in 
amount  the  same  as  but  not  exceeding  such  average 
compensation  for  the  four  years  next  preceding  ;  and 
to  offices  of  the  fifth  class  shall  be  severally  assigned 
salaries,  in  even  dollars,  as  nearly  as  practicable  in 
amount  the  same  as  but  not  exceeding  such  average 
compensation  for  the  four  years  next  preceding. 

"SEC.  6.  And  be  it  further  enacted,  That  wherever 
returns  showing  the  average  of  annual  compensation 
of  postmasters  for  the  four  years  next  preceding  the  1st 
day  of  July,  1863,  shall  not  have  been  received  at  the 
Post  Office  Department  at  the  time  of  adjustment,  the 
the  same  may  be  estimated  by  the  Postmaster  General 
for  the  purpose  of  adjusting  the  salaries  of  postmasters 
herein  provided  for." 

aSEC.  7.  And  be  it  further  enacted,  That  the  Post 
master  General  has  the  discretion  to  review  once  in 
two  years,  but  not  oftener,  and  readjust  on  the  basis 

in  the  preceding sections  of  this  code  provided,  the 

salary  assigned  by  him  to  any  office  ;  but  any  change 
made  in  such  salary  shall  not  take  effect  until  the  first 
day  of  the  quarter  next  following  such  order  ;  and  all 
orders  made  assigning  or  changing  salaries  shall  be 
made  in  writing,  and  recorded  in  his  journal,  and  no 
tified  to  the  Auditor  for  the  Post  Office  Department. 

"  SEC.  8.  And  be  it  further  enacted,  That  the  salaries 
of  the  first,  second,  and  third  classes  shall  be  adjusted 
to  take  effect  on  the  1st  day  of  July,  1863,  and  of 
the  fourth  and  fifth  classes  at  the  same  time,  or  at 
the  commencement  of  a  quarter  as  early  as  practicable 
thereafter." 


APPENDIX.  413 

"SEC.  9.  And  be  it  further  enacted,  That  in  offices 
which  have  not  been  established  for  four  years  prior  to 
the  1st  day  of  July,  1863,  the  salary  may  be  adjusted 
upon  a  satisfactory  return  by  the  postmaster  of  the 
receipts,  expenditures,  and  business  of  his  office :  Pro 
vided,  That  fifty  per  cent,  of  the  gross  revenue  of  such 
office  shall  be  in  all  cases  the  largest  amount  allowed 
to  such  postmasters  for  their  salaries,  respectively,  ex 
cept  in  cases  when  it  shall  be  a  separating  or  distribut 
ing  office,  as  provided  for  in  section of  this  law. 

"  SEC.  10.  And  be  it  further  enacted,  That  at  offices 
of  the  first  and  second  classes  the  Postmaster  General 
shall  allow  to  the  postmaster  a  just  and  reasonable  sum 
for  the  necessary  cost,  in  whole  or  in  part,  of  rent,  fuel, 
lights,  and  clerks,  to  be  adjusted  on  a  satisfactory  ex 
hibit  of  the  facts  ;  at  offices  of  the  third,  fourth,  and 
fifth  classes,  such  expenses  shall  be  paid  by  the  post 
master,  except  as  in  the  next  following  section  pro 
vided — it  being  intended  that  such  allowances  shall  be 
made  in  accordance  with  existing  usages. 

"  SEC.  11.  And  be  it  further  enacted,  That  the  Post 
master  General  may  designate  certain  convenient  of 
fices  at  the  intersection  of  mail  routes  as  distributing 
offices,  and  certain  others  as  separating  offices  ;  and 
where  any  such  office  is  of  the  third,  fourth,  or  fifth 
class  of  post  offices,  he  may  make  a  reasonable  allow 
ance  to  such  postmaster  for  the  necessary  cost,  in 
whole  or  in  part,  of  the  clerical  service  arising  from 
such  duty. 

"  SEC.  12.  And  be  it  further  enacted,  That  all  post 
ages  and  box-rents  at  post  offices,  and  all  other  re- 


414  APPENDIX. 

ceipts  and  emoluments  at  a  post  office,  shall  be  received 
and  accounted  for  as  a  part  of  the  postal  revenue; 
and  any  part  thereof  which  the  postmaster  ought  to 
have  collected,  but  has  neglected  to  collect,  shall  be 
charged  against  him  in  his  account,  and  he  shall  be 
liable  therefor  in  the  same  manner  as  if  the  same 
had  been  collected,  and  he  shall  receive  no  fees  or 
perquisites  beyond  his  salary." 

The  amendment  was  agreed  to. 

Mr.  Wilson  moved  to  reconsider  the  vote  by 
which  the  amendment  was  agreed  to ;  and  also  moved 
to  lay  the  motion  to  reconsider  on  the  table. 

The  latter  motion  was  agreed  to. 

Mr.  Alley. — I  offer  an  amendment  defining  the 
persons  who  are  to  be  authorized  to  frank  mail  mat 
ter.  It  is  unnecessary  for  me  to  say  anything  after 
the  explanation  given  by  the  chairman  of  the  Post 
Office  Committee.  I  am  opposed  to  the  franking 
privilege  entirely,  and  in  favor  of  its  complete  aboli 
tion.  I  offer  this  amendment  at  the  request  of  the 
Department  and  in  accordance  with  the  sense  of  the 
committee.  I  think  it,  on  the  whole,  an  improve 
ment  on  the  present  law,  but  I  do  not  concur  en 
tirely  in  all  its  provisions. 

The  amendment  was  agreed  to. 

Mr.  Windom. — I  offer  the  following  amendment ; 

u  Provide^  That  at  all  offices  where  the  carrying 
system  shall  not  be  established  the  rate  on  drop 
letters  shall  be  one  cent." 

Mr.  Speaker,  this  bill  provides  that  the  Post 
master  General  may  establish  a  free  carrying  sys- 


APPENDIX.  415 

tern  in  cities,  the  carriers  to  receive  salaries  not  ex 
ceeding  $800  per  annum  ;  these  salaries  to  be  made 
up  from  the  receipts  on  drop  letters,  the  postage  on 
which  is  to  be  doubled.  I  do  not  think  it  equita 
ble  or  just  to  double  the  postage  on  drop  letters  in 
country  towns,  where  the  carrying  system  is  not  es 
tablished,  for  the  benefit  of  the  large  cities  where  it 
is  established. 

Mr.  Colfax. — The  House  seems  to  understand  that 
the  gentleman  from  Minnesota  has  reported  this 
amendment  from  the  Post  Office  Committee.  That  is 
not  the  case.  The  committee  is  in  favor  of  the  bill 
with  their  amendments  as  it  stands.  If  this  amend 
ment  be  adopted,  the  free  delivery  system  will  either 
have  to  be  abolished  or  the  expense  of  it  thrown  upon 
the  Treasury.  Bad  as  the  annoyance  has  been  in  past 
years  of  collecting  one  cent  on  letters  from  poor  per 
sons  in  cities,  that  annoyance  has  become  almost  intol 
erable  since  coin  has  passed  out  of  circulation.  It  is 
difficult  to  get  the  copper  or  nickel  coin  to  pay  this  one 
cent.  There  is  no  objection  in  the  large  cities  to  pay 
double  rates  on  drop  letters.  The  delivery  is  then  to 
be  free,  of  all  mail  letters,  under  regulations  of  the  De 
partment,  in  cities  and  elsewhere. 

Mr.  Windom. — I  did  not  desire  to  be  understood  as 
offering  my  amendment  by  instruction  of  the  Post  Of 
fice  Committee.  The  gentleman  from  Indiana  says  we 
must  either  retain  the  delivery  system  as  it  is,  or  else, 
if  delivery  is  to  be  free,  the  expense  of  it  is  to  fall  on 
the  Treasury.  I  do  not  so  understand  it  The  bill 
provides  that  the  carriers  are  to  be  paid  out  of  the 


416  APPENDIX. 

fund  arising  from  the  increased  postage  on  drop  letters. 
This  free  delivery  system  may  be  very  advantageous  in 
the  cities,  but  perhaps  it  would  not  be  quite  so  great 
a  convenience  in  country  places,  while  certainly  the 
doubling  of  the  postage  on  drop  letters  would  be  a 
hardship  there.  Let  the  postage  on  drop  letters  be 
doubled  in  the  cities,  where  they  are  to  have  the 
free  delivery  system,  but  where  that  system  is  not 
established  let  the  postage  on  drop  letters  remain  as 
at  present.  The  only  argument  in  favor  of  the  prop 
osition  is  that  of  uniformity ;  but  I  believe  that 
my  constituents  who  do  not  reside  in  cities  large 
enough  to  have  the  carrying  system  are  not  so  anxious 
for  uniformity  as  to  be  willing  to  have  postage  doub 
led  simply  for  uniformity.  Hence  I  offer  my  amend 
ment. 

I  know  it  has  been  said  to  me  that  this  is  a  small 
matter,  that  the  drop-letter  postage  does  not  amount 
to  much.  But  in  the  estimation  of  the  Committee  it 
seems  they  expect  to  provide  from  the  country  revenue 
sufficient  to  defray  the  expense  of  carrying  letters  in 
the  cities.  If  so,  a  large  revenue  in  the  aggregate 
must  be  expected  to  be  derived  from  the  small  towns 
and  villages  which  do  not  enjoy  the  benefit  of  the 
carrier  system. 

Now,  Sir,  I  think  the  House  will  see  that  the 
amendment  I  have  submitted  is  just.  It  is  right  that 
those  who  receive  the  benefit  of  the  carrier  system 
should  be  compelled  to  pay  the  expense  of  the  system. 
I  hope,  therefore,  the  amendment  will  be  adopted. 

Mr.  Biddle. — If  I  understand  the  drop-letter  sys- 


APPENDIX.  417 

tern  as  it  is  administered  in  the  cities  of  which  T  am 
one  of  the  Representatives  on  this  floor,  the  collection 
of  one  cent  by  the  carrier  from  the  recipient  of  the 
letter  is  no  part  of  the  system.  I  believe  no  drop  let 
ter  is  delivered  at  all  unless  a  stamp  is  on  it  at  the 
time  it  is  placed  in  the  post  office.  I  do  not  know 
whether  it  is  a  part  of  the  law,  or  a  regulation  of  the 
Post  Office  Department  without  law,  but  it  occurs  to 
me  that  the  practice  of  which  the  gentleman  from 
Minnesota  complains  as  an  evil,  is  rather  a  benefit  than 
otherwise.  It  occurs  to  me  that  I  should  prefer  a 
system  that  would  permit  this  one  cent  to  be  collected 
by  the  carrier  of  the  recipient  of  the  letter. 

Mr.  Colfax.— I  think  my  friend  from  Pennsylvania 
misunderstands  the  proposition  which  this  bill  makes. 
It  is  that  two  penny  stamps  shall  be  placed  on  the  let 
ter  at  the  time  it  is  deposited  in  the  post  office,  which 
covers  both  the  postage  and  the  charge  for  delivery. 
Out  of  these  receipts'  the  entire  carrier  system  is  to  be 
paid,  both  mail  and  drop  letters  being  delivered  with 
out  any  collection  from  the  recipient.  The  difference, 
I  repeat,  is  just  this :  by  this  bill  two  cents  are  paid 
in  advance  on  drop  letters,  and  three  cents  on  all  mail 
letters,  and  the  letter  is  delivered  to  its  address,  whether 
in  the  city  or  at  the  other  side  of  the  continent,  with 
out  further  cost ;  while  under  the  present  system  one 
cent  is  prepaid  on  the  letter ;  the  carrier  then  takes 
the  letter,  if  a  mail  letter,  to  the  house  to  which  it  is 
directed,  rings  the  bell,  and  when  the  servant  comes 
to  the  door,  asks  for  the  one  cent  due  for  delivery, 
and  waits  while  the  recipient  of  the  letter  hunts  all 
27 


418  APPENDIX. 

over  the  house  after  the  one  cent,  and  if  it  can  be 
found,  returns  it  to  the  door  by  the  servant.  If  this 
proposition  shall  be  adopted,  the  carrier  will  deliver 
the  letter  without  loss  of  time,  and  by  that  means 
alone  will  be  able  to  double  the  number  of  deliveries 
per  day.  The  gentleman  from  Pennsylvania,  who 
lives  in  the  city  of  Philadelphia,  has  seen  this  practice 
of  waiting  at  the  door,  and  I  think  he  will  concur  with 
me  that  it  is  very  desirable  to  correct  that  practice. 

Mr.  Biddle. — That  is  a  feature  which  I  have  not 
seen.  I  was  under  the  impression  that  unless  the  one 
cent  stamp  was  on  the  letter  it  would  not  be  delivered. 
I  did  not  know  that  the  carrier  was  authorized  to  col 
lect  it. 

Mr.  Colfax. — The  gentleman  does  not  understand 
me.  I  said  the  one  cent  stamp  must  be  placed  on  the 
letter  when  deposited  in  the  post  office. 

Mr.  Biddle. — Certainly.  The  carrier  is  not  al 
lowed  to  collect  it  at  all. 

Mr.  Colfax. — He  is  not ;  but  he  does  collect  the 
one  cent  allowed  for  delivery. 

The  amendment  was  adopted. 

The  following  section  being  under  consideration — 

,SEC.  33.  And  be  it  further  enacted,  That  the  rate 
of  postage  on  all  letters  not  transmitted  through  the 
mails  of  the  United  States,  but  delivered  through  the 
post  office,  or  its  carriers,  commonly  described  as  local 
or  drop  letters,  and  not  exceeding  one  half  ounce  in 
weight,  shall  be  uniform  at  two  cents,  and  an  addi 
tional  rate  for  each  half  ounce  or  fraction  thereof  of 
additional  weight,  to  be  in  all  cases  prepaid  by  postage 


APPENDIX.  419 

stamps  affixed  to  the  envelope  of  such  letter ;  but  no 
extra  postage  or  carrier's  fee  shall  hereafter  be  charged 
or  collected  upon  letters  delivered  by  carriers,  nor  upon 
letters  collected  by  them  for  mailing  or  for  delivery. 

Mr.  Windom  moved  to  amend  by  striking  out  the 
word  "  uniform "  in  the  fifth  line,  to  conform  to  his 
previous  amendment,  adopted  by  the  House. 

The  amendment  was  agreed  to. 

Mr.  Blake,  from  the  Committee  on  the  Post  Office 
and  Post  Roads,  submitted  an  amendment  to  come  in 
at  the  end  of  the  bill,  embodying  in  substance  the  bill 
heretofore  passed  by  the  House,  creating  a  postal 
money  order  system. 

Mr.  Hutchins. — I  want  to  make  a  suggestion  to 
my  colleague  upon  that  subject.  I  suppose  this  amend 
ment  is  in  substance  the  money  order  system  which 
has  been  twice  printed  by  the  House  as  a  separate  bill, 
which  has  certainly  once  been  passed  by  the  House, 
and  with  which  the  House  is  doubtless  familiar.  I 
suggest,  therefore,  as  it  is  very  long,  that  its  reading  be 
dispensed  with. 

Mr.  Blake. — It  is  substantially  the  same  bill  which 
has  twice  passed  the  House.  It  is  a  more  perfect  bill, 
however,  and  contains  some  additional  details.  I  do 
not  care  about  its  being  read. 

Mr.  Sargent. — It  seems  to  me  it  is  a  rather  cool 
proposition  to  ask  us  to  adopt  an  amendment  that  we 
have  not  heard  read. 

Mr.  Colfax. — It  has  been  twice  read  to  the  House, 
twice  printed  by  the  House,  and  twice  adopted  by  the 
House. 


420  APPENDIX. 

Mr.  Sargent.— The  gentleman  says  it  is  changed 
in  some  of  its  details,  but  is  substantially  the  same.  I 
think  we  should  be  permitted  to  judge  of  that. 

The  Speaker. — It  is  the  right  of  the  gentleman  to 
have  the  amendment  read  if  he  insists  upon  it. 

Mr.  Sargent. — I  do. 

The  Clerk  read  the  amendment. 

The  amendment  was  agreed  to. 

Mr.  Wadsworth  moved  that  the  House  adjourn. 

The  motion  was  disagreed  to. 

Mr.  Cox  moved  to  amend  by  striking  out  all  after 
the  enacting  clause  of  the  first  section,  as  follows : 

"That  the  Postmaster  General  has  power  to  appoint 
and  commission  all  postmasters  whose  salary  or  com 
pensation  for  the  preceding  fiscal  year  shall  at  the 
time  of  such  appointment  have  been  ascertained  to  be 
less  than  one  thousand  dollars  per  year ;  and  in  all 
other  cases  the  President  shall  appoint.  The  person 
appointed  postmaster  shall  reside  within  the  delivery 
of  the  office  to  which  he  shall  be  appointed." 

And  to  insert  instead  thereof,  as  follows : 

"  That  the  legal  voters  of  each  city,  town,  village,  or 
vicinage,  who  receive  mail  matter  at  the  post  office  of 
such  locality,  be  authorized,  under  such  regulations  as 
may  be  provided  by  the  State  or  Territorial  Legisla 
ture,  to  elect  who  shall  be  their  choice  for  postmaster  ; 
and  that  upon  the  proper  authentication  of  such  choice 
by  the  proper  officers,  the  postmasters  so  chosen  shall 
be  appointed  and  commissioned  by  the  President  of 
the  United  States." 

Mr.  Cox. — I  do  not  offer  this  amendment  as  the 


APPENDIX.  421 

organ  ©f  the  Administration  or  of  the  Post  Office  De 
partment  ;  but  I  have  no  doubt  they  would  be  very 
glad  to  get  rid  of  the  immense  trouble  and  anxiety  of 
appointing  this  great  army/  of  postmasters.  And  I 
think  it  is  a  very  good  time,  as  we  are  about  half  way 
through  an  Administration,  to  try  the  experiment.  I 
think  it  is  a  very  fair  compromise  between  the  two 
parties.  Your  party  having  the  present  Administra 
tion,  and  ours  expecting  to  have  the  next,  now  is  a 
good  time  to  confer  upon  the  people  the  right  to  choose 
their  postmasters.  I  have  great  confidence  in  the 
people,  and  I  have  no  cloubt  they  will  exercise  this 
power  much  more  wisely  than  the  Administration  here 
at  Washington. 

I  want  a  vote  on  my  amendment,  and  as  my  friend 
here  from  Kentucky  on  my  right  promised  me  the 
benefit  of  his  eloquence  in  support  of  this  proposition, 
I  hope  he  will  now  be  heard. 

Mr.  Colfax.— The  proposition  of  my  friend  from 
Ohio  was  a  plank  in  the  Buffalo  platform  the  theory 
of  which  I  have  always  favored,  and  which  I  am  glad 
he  is  also  indorsing.  I  am  in  favor  of  the  principle  of 
the  amendment.  There  is  but  one  difficulty  in  the 
way,  which  is  that  the  best  jurists  have  decided  that 
it  is  unconstitutional.  If  my  friend  can  perfect  any 
scheme  that  will  obviate  that  difficulty,  I  will  go  with 
him. 

Mr.  Cox. — I  do  not  see  that  it  is  unconstitu 
tional. 

Mr.  Colfax. — That  is  the  only  objection.  So  far  ais 
the  principle  is  concerned,  I  see  no  reason  why  the 


422  APPENDIX. 

people  may  not  elect  their  postmasters  as  well  as  their 
sheriffs,  or  any  other  administrative  officers.  But,  Sir, 
the  constitution  seems  to  be  conclusive  on  that  subject. 
It  says: 

u  But  the  Congress  may  by  law  vest  the  appoint 
ment  of  such  inferior  officers  in  the  President  alone,  in, 
the  courts  of  law,  or  in  the  heads  of  Department." 

Now,  any  one  who  will  look  at  the  debates  of  the 
Convention  which  formed  the  Constitution,  and  to  the 
Constitution  itself,  will  see  that  our  fathers  excluded 
from  election  directly  by  the  people  every  Federal 
officer,  from  the  President  down  to  the  humblest 
officer. 

The  Constitution  provided  for  a  system  of  electors 
who  were  to  choose  the  President  of  the  United  States. 
The  theory  then  was,  and  I  know  that  it  is  very  dif 
ferent  now,  that  these  electors  should  be  the  most 
respectable  men  in  the  various  sections  from  which 
they  came ;  that  they  should  nieet  together  in  the  man 
ner  prescribed ;  and  that  they  should  there  select  the 
best  man  in  the  United  States  as  the  Chief  Magistrate 
of  the  Republic.  However  beautiful  may  have  been 
the  philosophy  of  this  proceeding,  it  has  long  since 
departed  from  the  practice  of  the  people.  The  practice 
inow  is  for  the  electors  to  be  pledged  to  carry  out  the 
nominations  of  the  conventions  that  selected  them. 
Now,  in  the  appointment  of  these  postmasters,  I  do 
not  see  why,  if  they  can  be  elected  with  no  detriment 
to  the  interests  of  the  Post  Office  Department,  and  not 
in  violation  of  the  Constitution  of  the  United  States, 
it  should  not  be  done.  But  there  is  the  difficulty.  I 


APPENDIX.  423 

regret,  with  the  gentleman  from  Ohio,  that  these  post 
masters  are  not  elected  by  the  people.  It  seems  to  me 
that  it  would  be  a  great  deal  better  if  they  were 
elected  by  the  people ;  and  if  my  friend  can  find  any 
constitutional  way  by  which  we  can  provide  for  the 
selection  of  postmasters  by  the  people,  I  will  go  as  far 
as  he  does. 

Mr.  Cox. — Let  me  answer  my  friend  from  Indiana, 
and  I  think  I  can  do  it  in  very  few  words. 

Mr.  Dawes. — I  have  the  consent  of  the  gentle- 
man  from  Indiana  to  occupy  the  floor  for  a  moment. 

Mr.  Cox. — I  thought  I  had  the  floor. 

Mr.  Dawes. — No,  no,  Sir,  I  have  the  floor. 

The  gentleman  from  Indiana  wants  a  constitutional 
way  for  doing  this  thing.  I  think  he  will  find  it  if  he 
will  look  at  the  bank  bill,  which  we  passed  this  morn 
ing.  Now,  if  there  may  be  appointed  by  the  President 
of  the  United  States,  on  the  recommendation  of  the 
Secretary  of  the  Treasury,  as  a  Comptroller 

Mr.  Cox. — I  do  not  yield  the  floor.  The  gentle 
man  is  stealing  my  thunder.  [Laughter.]  I  was  about 
to  call  attention  to  that  very  point. 

Mr.  Dawes. — Let  me  through  with  what  I  was  about 
to  say.  The  bill  which  we  passed  this  morning  pro 
vides  that  the'  President  of  the  United  States  may 
appoint  a  Comptroller  of  the  Treasury,  on  the  recom 
mendation  of  the  Secretary  of  the  Treasury.  Now,  I  ask 
whether  he  may  not  just  as  well,  and  with  as  little 
violation  to  the  Constitution  of  the  United  States, 
appoint  postmasters  on  the  recommendation  of  some 
body  else.  To  be  sure,  the  Attorney  General  has 


424  APPENDIX. 

given  an  opinion  that  it  cannot  be  done.  Still  we 
have  done  it  to-day,  and  I  do  not  see  why  we  cannot 
do  it  this  evening. 

Mr.  Cox. — The  gentleman  from  Indiana  has  given 
to  the  House  and  to  the  country  a  pledge,  a  solemn 
pledge,  (and  he  is  a  member  of  the  next  Congress,) 
and  I  want  to  hold  him  to  it,  that  he  will  favor  the 
selection  of  postmasters  by  the  people.  I  will  show 
the  way  by  which  it  can  be  done.  In  1865,  when  we 
bring  in  our  Democratic  President,  I  trust  it  will  not 
make  any  difference  to  us  if  the  postmasters  are  ap 
pointed  by  the  Postmaster  General  or  selected  by  the 
people.  My  resolution  proposes  that  the  people  should 
make  their  choice — that  they  should  nominate  the  per 
son  as  postmaster  to  the  President  of  the  United 
States.  Let  that  nomination  stand  as  an  equivalent  to 
an  election,  and  let  the  President  commission  the 
nominee.  The  gentleman  will  see  that  this  is  a  con 
stitutional  way  of  accomplishing  the  thing  he  has  so 
much  at  heart.  Now,  applicants  are  in  the  habit  of 
getting  long  lists  of  names  to  petitions,  including  the 
names  of  members  of  Congress  and  influential  party 
nien  in  their  district.  Instead  of  the  Department 
being  filled  with  piles  of  such  papers,  the  question  will 
be  relieved  of  all  vexation  and  embarrassment  by  the 
nomination  of  the  people. 

Mr.  Maynard. — How  long  does  the  gentleman  from 
Ohio  propose  to  extend  the  tenure  of  office  of  post 
masters  elected  as  he  proposes  ?  Are  they  to  come  in 
with  an  incoming  Administration,  and  to  go  out  with 
ail  outgoing  Administration  ? 


APPENDIX.  425 

Mr.  Cox. — If  the  House  will  show  an  inclination 
to  adopt  the  system  proposed  by  the  amendment  I 
have  suggested,  I  will  have  a  special  committee,  with 
the  gentleman  from  Tennessee  as  chairman,  to  mature 
a  plan.  [Laughter.] 

Mr.  Maynard. — That  is  quite  satisfactory.  [Re 
newed  laughter.] 

Mr.  Cox. — This  is  a  postal  reform  bill.  It  is  a 
valuable  bill,  and  has  been  well  digested,  and  I  shall 
vote  for  it.  But  I  think  one  of  the  greatest  reforms 
which  could  be  adopted  in  the  postal  system  of  the 
country  would  be  to  allow  the  people  of  the  vicinage 
to  say  who  shall  be  postmaster.  I  do  not  care  whether 
that  doctrine  is  in  the  Buffalo  platform  or  anywhere 
else.  If  it  is  right,  that  is  all  that  I  care  to  inquire 
for. 

Mr.  Blake. — Will  my  colleague  permit  me  to  ask 
him  a  simple  question  ? 

Mr.  Cox. — Certainly. 

Mr.  Blake. — I  would  like  to  ask  my  colleague 
whether  he  is  in  favor  of  the  election  of  clerks  in 
the  different  Departments  in  Washington  by  the 
people ;  for,  if  he  is,  he  has  left  it  out  of  his  amend 
ment  ? 

Mr.  Cox. — I  do  not  exactly  understand  what  the 
gentleman  means.  I  presume,  however,  he  may  be 
referring  to  a  fling  at  me  thrown  out  from  the  other 
side  of  the  House  at  the  time  we  were  fighting  the 
passage  of  the  negro  soldier  bill,  by  that  member  who 
is  known  as  the  Jeremiah  Sneak  of  the  House.  He 
wanted  the  House  to  know  whether  I  had  a  brother  in 


426  APPENDIX. 

any  one  of  the  Departments  in  "Washington :  as  if  such 
a  fact  ought  to  influence  my  course  in  this  House ;  but 
he  never  inquired  whether  I  had  any  brothers  in  the 
Army  ;  that  was  not  convenient  for  his  purpose.  But 
I  do  not  know  what  my  colleague  means. 

Mr.  Blake. — I  had  not  any  allusion  to  your  brother 
at  all. 

Mr.  Cox. — I  am  glad  that  I  had  the  opportunity, 
then,  to  say  what  I  have  said. 

Now,  Mr.  Speaker,  I  am  eagerly  and  earnestly  for 
this  reform.  I  want  my  amendment  passed  by  this 
House  in  .order  to  relieve  the  Administration  at  this  time 
of  the  great  pressure  incident  to  the  appointments  of 
postmasters.  I  am  willing  to  relieve  the  Adminstra- 
tion  from  the  thankless  task  of  appointing  postmasters, 
and  I  ask  my  friend  to  help  me  in  this  work. 

Mr.  Colfax. — Mr.  Speaker,  I  had  hoped  that  dur 
ing  this  evening  at  least  there  would  have  been  no 
reference  to  the  negro  question,  but  that  the  House 
would  have  devoted  itself  to  the  consideration  of  the 
important  business  of  the  Post  Office  Department. 
Nor  had  I  the  faintest  expectation  that  personal  al 
lusions  would  be  indulged  in  to  excite  personal  feel 
ing.  I  regret  that  the  gentleman  from  Ohio  has 
thought  proper  to  bring  in  matters  that  are  not  ger 
mane  to  the  subject  under  discussion,  and  to  recall 
some  of  the  discussion  between  members  when  his 
friends  filibustered  all  night  in  this  Hall. 

Mr.  Cox. — I  apologize  to  the  chairman  of  the 
Committee  on  the  Post  Office  and  Post  Roads.  I 
never,  however,  do  any  thing  of  that  sort  unless  I  have 


APPENDIX.  .  427 

had  occasion.  My  colleague,  [Mr.  Blake,]  I  imagined, 
made  the  allusion  about  clerks,  about  which  I  had  a 
right  to  be  sensitive  after  what  occurred  here  some 
time  ago. 

Mr.  Colfax. — I  regret  it  because  this  is  the  only 
evening  devoted  to  the  consideration  of  Post  Office 
business,  and  it  is  to  that  business  I  would  like  the 
gentleman  and  the  House  to  confine  themselves. 

I  state  in  all  sincerity  that  I  am  in  favor  of  the 
principle  of  electing  postmasters  by  the  people,  if 
practicable  ;  and  if  the  gentleman  from  Ohio  will  take 
the  trouble  to  prepare  a  measure  which  will  keep  with 
in  the  provisions  of  the  Constitution,  provide  for  all 
of  the  safeguards  of  the  mails  afld  the  security  of  the 
postage,  and  against  the  retention  of  dishonest  and 
worthless  postmasters,  I  will  go  with  him.  Let  me 
ask  him  one  or  two  questions,  to  show  him  that  his 
section  is  not  matured,  even  though  it  be  constitutional, 
which  I  have  doubted.  Suppose  a  postmaster  nomi 
nated  by  the  people  turns  out  to  be  a  defaulter,  yet  the 
people  are  unwilling  that  he  shall  be  removed,  and 
send  up  another  popular  vote,  insisting  that  he  shall 
be  retained.  You  will  have  to  provide  in  your  system 
some  means  by  which  there  will  be  an  official  oversight 
over  the  mails  and  over  subordinates.  These  are 
only  a  few  of  the  difficulties  that  will  spring  up  on 
every  hand.  How  to  define  the  boundaries  of  postal 
districts  is  another.  I  will  not  consume  time  by  sug 
gesting  others  obvious  to  all  who  have  given  attention 
to  the  subject. 

Mr.  Cox. — I  am  in  earnest  about  this  amendment, 


428  .  APPENDIX. 

but  of  course  in  drawing  it  up  in  haste  at  my  seat,  I 
could  not  put  it  into  perfect  shape.  I  think  the  prop 
osition  is  worthy  the  consideration  of  the  best  minds 
of  this  House.  I  think  it  is  possible  to  accomplish 
what  I  aim  at,  and  I  would  like  to  have  an  expression 
of  the  House  in  relation  to  the  matter.  We  might 
make  an  excellent  reform  here.  Since  this  war  broke 
out  the  evil  I  propose  to  correct  has  become  aggrava 
ted.  This  evil  springs  out  of  the  petty  local  jealousies 
and  partisanship  at  home — I  refer  to  petition  after  pe 
tition,  and  slander  after  slander  which  are  sent  here 
for  the  removal  of  postmasters  on  account  of  political 
difficulties.  It  would  be  well  to  get  rid  of  all  that 
trash,  and  wipe  the  6vil  out.  If  we  could  refer  the 
matter  to  the  people,  they  would  be  better  satisfied, 
and  the  President  would  be  glad  of  the  relief ;  arid  I 
say  to  the  gentleman  from  Indiana  he  shall  have  my 
support  in  preparing  a  bill  looking  to  that  desirable 
object.  It  makes  no  difference  to  me  from  what  source 
reform  comes,  whether  from  Buffalo,  Charleston,  or 
Chicago  ;  if  it  is  a  good  idea  I  am  in  favor  of  it. 

Mr.  Colfax. — The  gentleman  from  Ohio  will  see 
that  his  proposition  is  imperfect  in  other  respects.  He 
does  not  provide  for  the  length  of  time  the  postmasters 
shall  serve,  and  without  some  such  provision  they 
might  serve  for  life.  The  amendment  does  not  pro 
vide  for  removals.  It  does  not  provide  how  the  elec 
tions  shall  be  conducted,  who  shall  be  the  officers,  nor 
how  contested  elections  shall  be  settled  where  the  vote 
has  been  a  close  one.  All  these  things  must  neces 
sarily  be  provided  for  in  any  such  system  as  this. 


APPENDIX.  429 

Mr.  McKnight. — "Would  it  be  in  order,  inasmuch 
as  there  is  clearly  no  difference  of  opinion  upon  either 
side  of  the  House,  to  move  or  suggest  that  the  Com 
mittee  on  the  Post  Office  commission,  the  gentleman 
from  Ohio  [Mr.  Cox],  the  gentleman  from  Indiana 
[Mr.  Colfax],  and  my  friend  here  from  Pennsylvania 
[Mr.  Covode],  put  their  heads  together  and  perfect 
a  bill  ?  [Laughter.] 

Mr.  Cox. — I  would  not  serve  on  that  committee. 
[Laughter.] 

Mr.  Yallandigham. — Is  the  proposition  of  my  col 
league  designed  to  take  effect  immediately  or  only 
after  the  4th  of  March,  1865?  I£  it  is  designed  to 
take  effect  immediately,  I  shall  vote  for  it,  as  there 
are  a  great  many  scurvy  men  now  in  office. 

The  amendment  was  not  agreed  to. 

Mr.  Lazear. — I  move  to  amend  by  adding  at  the 
end  of  section  thirty-seven,  the  following  : 

"  And  that  all  soldiers  in  the  military  service,  while 
on  duty  in  camp  or  in  hospitals,  shall  be  entitled  to 
transmit  and  receive  all  matters  free  of  postage,  under 
such  regulations  as  the  Postmaster-General  shall  pre 
scribe." 

I  hope,  Mr.  Speaker,  there  will  be  no  objection  to 
this  amendment.  It  is  but  an  act  of  justice,  as  well 
to  the  soldier  in  camp  as  to  his  family  and  friends  at 
home.  It  is  true,  Mr.  Speaker,  that  provision  has 
been  made  for  the  sending  of  letters  by  a  soldier  with 
out  the  postage  being  prepaid,  but  the  friend  to  whom 
it  is  sent  must  pay  full  postage  before  its  delivery; 
and  in  many  instances  the  soldier,  being  disappointed 


430  APPENDIX. 

in  receiving  his  pay,  is  unable  to  provide  his  family 
with  the  pittance  necessary  to  lift  a  letter  from  the 
office.  Besides,  Mr.  Speaker,  a  favor  of  this  kind 
would  be  encouraging  to  the  soldier  and  gratifying  to 
his  friends.  It  would  assure  them  that  the  Govern 
ment  was  in  no  way  unmindful  of  those  whose  lives 
were  risked  in  defence  of  that  Government. 

The  question  was  put ;  and  on  a  division  no  quorum 
voting — 

Mr.  Lazear  demanded  the  yeas  and  nays. 

Mr.  Colfax. — I  see  many  gentlemen  on  the  other 
side  of  the  House  rising  to  demand  the  yeas  and  nays 
on  this  amendment,  I  stated  last  session,  and  I  re 
peat  it  now,  that  as  long  as  members  of  Congress  de 
termine  to  retain  for  themselves  the  franking  privilege, 
I  cannot  see  how  it  can  be  denied,  as  a  matter  of  prin 
ciple,  to  the  soldiers  also,  if  they  desire  it.  I  am  op 
posed  to  the  franking  privilege  for  any  one ;  but  as  it 
is  retained,  I  think  I  shall  vote  for  this  amendment ; 
with  the  full  understanding  that  the  public  at  large 
will  have  to  be  taxed  for  a  heavy  deficit  in  the  postal 
system.  There  is  a  deficit  now.  I  went  as  far  as  I 
thought  it  expedient  before,  in  reporting  a  bill,  which 
passed,  that  letters  might  be  sent  by  soldiers  without 
the  prepayment  of  postage,  but  that  the  postage  should 
be  paid  by  the  recipient  at  the  other  end  of  the  route. 
But  the  gentleman  from  Pennsylvania  is  not  satisfied 
with  that,  and  desires  to  have  the  free  system  extended. 
I  suppose  he  is  in  favor  of  the  franking  privilege  for 
members  of  Congress,  and  the  House  seems  in  favor 
of  retaining  it.  As  he  desires  to  retain  the  privilege 


APPENDIX.  431 

for  himself,  I  think,  if  he  wants  a  record  made,  that  I 
shall  go  with  him  to  give  this  privilege,  enjoyed  by 
members  of  Congress,  to  the  soldiers  also. 
The  yeas  and  nays  were  ordered. 


VIII. 

KEMARKS  OF  ME.  GOLF  AX  IN  CLOSING 
THE  DEBATE  ON  HIS  EESOLUTION  TO 
EXPEL  MR  LONG. 

DELIVERED   IN   THE   HOUSE   OF    REPRESENTATIVES,    APRIL 
UTH,  1864. 

Mr.  Colfax. — Mr.  Speaker,  I  rise  to  demand  the 
previous  question  ;  but,  Sir,  I  understand  that  a  point 
of  order  has  been  before  made  by  the  gentleman  from 
"Wisconsin  [Mr.  Eldridge].  If  I  can  surrender  the 
floor  for  the  decision  of  that  point  of  order,  I. will  do  so. 

Mr.  Pendleton. — I  ask  the  gentleman  from  Indiana 
to  hear  me  for  a  moment  before  he  calls  for  the  previ 
ous  question. 

Mr.  Colfax.— 7!  will  hear  what  the  gentleman  has 
to  say. 

Mr.  Pendleton. — I  only  desire  to  say  to  the  gentle 
man  from  Indiana  that  there  are  three  or  four  gentle 
men  on  this  side  of  the  House  who  desire  to  express 
their  views  on  the  subject.  They  feel  that  it  is  an  un 
usual  thing  for  gentlemen  to  be  called  on  to  exercise 
the  plenary  power  of  the  House  without  expressing 
their  views  on  the  particular  case  in  which  it  is  in 
voked.  They  think  it  is  a  very  hard  thing,  when  the 
question  involves  free  speech,  that  the  power  of  the  pre- 


APPENDIX.    .  433 

vious  question  should  be  brought  to  bear  to  prevent 
the  exercise  of  free  speech  on  the  question.  There  is 
no  disposition,  as  the  gentleman  well  knows,  unneces 
sarily  to  prolong  the  debate  or  to  stray  into  matters 
not  connected  with  the  pending  proposition.  I  feel  it 
to  be  the  best  plan  for  the  gentleman  to  adopt,  as  the 
most  in  consonance  with  the  feelings  of  the  House  and 
justice,  to  allow  the  debate  to  go  on  until  these  gen 
tlemen  have  been  heard. 

Mr.  Colfax. — If  I  consulted  my  own  feelings,  I 
would  yield  to  the  request  made  by  the  gentleman  from 
Ohio  ;  but  my  duty  to  the  public  business  and  to  the 
public  interest  compels  me  to  insist  on  my  demand  for 
the  previous  question.  This  debate  has  run  to  a  length 
that  every  gentleman  must  be  satisfied  has  been  fair 
and  ample.  It  has  extended  from  Saturday  morning 
last  up  to  this  time.  I  was  asked  by  gentlemen  on  the 
other  side  of  the  House  to  call  for  the  previous  question 
on  this  question  on  last  Tuesday ;  but  I  was  anxious 
to  give  as  large  an  opportunity  for  discussion  as  could 
be  fairly  asked.  I  have  already  subjected  myself  to 
the  censure  of  the  papers,  and  perhaps  I  ought  to  have 
called  for  the  previous  question  on  Tuesday  evening 
last.  It  was  debated  all  day  on  Tuesday,  and  Tuesday 
night,  and  Tuesday  afternoon  I  gave  notice  that  I 
should  ask  the  House,  at  half  past  twelve  o'clock  to 
day,  to  second  the  demand  for  the  previous  question. 

If  this  debate  be  allowed  to  be  further  continued, 

we  do  not  know  where  it  is  to  stop.     I  understand 

there  are  fifteen  members  whose  names  are  upon  the 

list  asking  to  speak.     How  many  more  will  feel  it  to 

28 


434  APPENDIX. 

be  their  duty  to  be  heard  if  the  previous  question  is 
not  moved  I  cannot  tell.  Some  twenty-five  or  twenty- 
six  speeches  have  been  made  already  on  the  subject, 
and  I  feel  compelled  as  a  duty  to  the  House  to  call  for 
the  previous  question. 

As  I  have  already  stated,  this  debate  presents  a 
strong  contrast  to  the  proceedings  in  this  House  on  the 
case  of  Hon.  Joshua  R.  Giddings,  from  the  same  State 
as  the  gentleman  who  has  made  this  request.  He  was 
censured  by  the  House,  which  he  considered  as  equiv 
alent  to  expelling  him.  That  was  done  without  de 
bate.  This  debate  has  been  prolonged  until  it  may  be 
considered  ample. 

Mr.  Pendleton. — I  desire  to  make  two  suggestions. 

Mr.  Colfax. — I  will  hear  the  gentleman. 

Mr.  Pendleton. — I  will  make  two  suggestions.  The 
necessity  for  prolonging  this  debate  does  not  proceed 
from  this  side  of  the  House.  The  subject  was  not  in 
troduced  here  by  them.  The  next  consideration  is 
this :  since  this  debate  has  been  commenced,  this  side 
has  not  yet  moved  an  adjournment  or  to  take  a  recess. 
We  have  been  willing  to  sit  here  so  long  as  the  major 
ity  of  the  House  were  willing  to  let  debate  go  on.  We 
are  willing  to  do  it  now,  and  to  continue  it  as  many 
hours  as  the  House  may  think  fit. 

Mr.  Colfax. — The  gentleman  has  made  two  state 
ments  and  two  mistakes.  He  says  this  action  did  not 
originate  from  that  side  of  the  House.  I  think  it  did, 
and  I  shall  prove  it  when  I  come  to  make  my  speech. 

,In  the  second  place,  he  says  that  no  gentleman  on 
that  side  of  the  House  has  moved  an  adjournment  or  a 


APPENDIX.  435 

recess.  I  think  my  colleague  [Mr.  Holman]  did,  and 
if  I  consulted  the  Journals  I  might  find  other  instances. 

I  will  state  that  I  understand  that  on  Tuesday 
night,  at  a  quarter  past  eleven  o'clock,  the  gentleman 
from  New  Jersey,  who  has  just  spoken,  obtained  the 
floor,  but  declined  to  go  on  at  that  hour,  and  yielded 
the  floor  to  my  colleague  from  the  Lawrenceburg  dis 
trict  [Mr.  Holman],  who  moved  that  the  House  adjourn 
until  Thursday.  In  that  manner  the  debate  was  ar 
rested  at  a  quarter  past  eleven  o'clock. 

Mr.  Pendleton. — 1  desire  to  say  that  I  stand  cor 
rected  as  to  the  latter  part  of  my  remark.  The  gentle 
man  from  Indiana  is  right  and  I  am  wrong. 

Mr.  Colfax. — I  knew  the  gentleman  would  accede 
gracefully. 

Mr.  Ross. — I  ask  the  gentleman  from  Indiana  to 
yield  to  me. 

Mr.  Colfax. — I  feel  compelled — not  out  of  any  dis 
courtesy  to  the  gentleman — to  ask  the  House  to  second 
the  previous  question  now. 

The  Speaker  pro  tempore. — The  question  is  first 
upon  the  appeal  of  the  gentleman  from  Wisconsin 
[Mr.  Eldridge]  from  the  decision  of  the  Chair  made  on 
Tuesday  last 

Mr.  Ross. — I  appeal  to  the  gentleman  from  Indiana 
to  allow  me  to  make  a  suggestion. 

Mr.  Colfax. — I  am  compelled  to  decline. 

Mr.  Ross. — I  know  the  suggestion  will  accord  with 
the  views  of  the  gentleman. 

Mr.  Colfax. — I  will  hear  it,  then. 

Mr.  Ross. — My  suggestion  is  that  we  are  losing 


436  APPENDIX. 

nothing  by  this  discussion.  The  Speaker  has  seen  fit 
to  remark  that  we  are  losing  time  which  ought  to  be 
devoted  to  public  business.  Now,  I  think  we  are  gam 
ing  time  by  this  discussion.  The  public  business  will 
not  be  retarded  by  the  continuance  of  this  discussion. 
These  speeches  will  have  to  be  made  some  time  during 
the  session.  Our  constituents  expect  them  at  our 
hands. 

Mr.  Colfax. — The  suggestion  does  not  accord  with 
my  views.  I  thought  it  would  not,  and  therefore  I 
decline  to  yield  any  further. 

Mr.  Norton. — I  desire  to  appeal  to  the  gentleman 
from  Indiana. 

Mr.  Colfax.— -I  will  hear  the  gentleman's  suggestion. 

Mr.  Norton. — I  rose  before  the  gentleman  from 
Indiana  answered  the  gentleman  from  Illinois  [Mr. 
Hoss],  to  ask  from  him  the  courtesy  of  allowing  me  a 
few  moments.  I  have  not  occupied  the  time  of  the 
House  one  half  hour  during  the  whole  session  in  the 
way  of  debate.  I  have  desired  to  express  my  views 
briefly  upon  the  question  before  the  House.  It  is  an 
important  question,  and  I  have  to  record  my  vote  on 
it.  I  have  tried  to  get  the  floor.  Now,  what  I  pro 
posed  to  ask  the  gentleman  from  Indiana,  before  he  de 
clined  to  yield  the  floor  to  the  gentleman  from  Illinois 
[Mr.  Ross],  was  to  yield  to  me  a  short  time  before  he 
calls  the  previous  question  to  express  my  views  upon 
the  subject. 

Mr.  Colfax. — I  am  afraid  that  my  character  for  ve 
racity  will  suffer  in  the  House  if  I  do  not  comply  with 
the  terms  I  made  with  the  House  on  Tuesday.  I  am 


APPENDIX.  437 

reluctantly  compelled  to  decline,  and  to  say  to  my 
friend  that  if  he  had  seen  fit  on  entering  upon  this  de 
bate  last  Saturday  to  have  spoken  to  the  present  occu 
pant  of  the  chair,  he  would  have  had  an  opportunity 
long  since  to  make  his  speech. 

Mr.  Norton. — I  was  sick  in  bed  on  Saturday  and 
unable  to  leave  the  house,  and  it  is  for  that  reason  that 
I  appeal  to  the  gentleman  from  Indiana  now. 

Mr.  Cox. — I  desire  to  correct  one  remark 

Mr.  Colfax. — No  corrections ;  excuse  me.  I  will 
take  back  any  thing  I.  have  said  rather  than  have  any 
words  with  the  gentlerftan  from  Ohio. 

Mr.  Cox. — I  do  not  want  the  gentleman  to  take 
back  any  thing. 

Mr.  Harris. — I  rise  to  a  point  of  order. 

The  Speaker  pro  tempore. — One  point  of  order  is 
already  pending.  The  gentleman  from  Indiana  [Mr. 
Colfax]  moved  a  certain  preamble  and  resolution  ;  the 
gentleman  from  Pennsylvania  [Mr.  Broomall]  moved 
to  amend  the  preamble  and  resolution  by  striking  out 
and  inserting ;  the  gentleman  from  Wisconsin  [Mr. 
Eldridge]  raised  the  point  of  order  that  the  motion  of 
the  gentleman  from  Pennsylvania  was  not  in  order. 
The  Chair  overruled  the  point  of  order,  and  the  gentle 
man  from  Wisconsin  appealed  from  that  decision.  The 
question  now  before  the  House  is,  "  Shall  the  decision 
of  the  Chair  stand  as  the  judgment  of  the  House  ?  "  and 
upon  that  the  yeas  and  nays  are  demanded. 

Mr.  Cox. — I  call  for  the  reading  of  the  rules  per 
tinent  to  this  subject. 

The  Clerk  read  rules  61  and  62,  as  follows: 


438  APPENDIX. 

"61.  If  any  member,  in  speaking  or  otherwise, 
transgress  the  rules  of  the  House,  the  Speaker  shall, 
or  any  member  may,  call  to  order ;  in  which  case  the 
member  so  called  to  order  shall  immediately  sit  down, 
unless  permitted  to  explain  ;  and  the  House  shall,  if 
appealed  to,  decide  on  the  case,  but  without  debate ; 
if  there  be  no  appeal,  the  decision  of  the  Chair  shall  be 
submitted  to.  If  the  decision  be  in  favor  of  the  mem 
ber  called  to  order,  he  shall  be  at  liberty  to  proceed ; 
if  otherwise,  he  shall  not  be  permitted  to  proceed,  in 
case  any  member  object,  without  leave  of  the  House  ; 
and  if  the  case  require  it,  he  slfcill  be  liable  to  the  cen 
sure  of  the  House. 

"  62.  If  a  member  be  called  to  order  for  words 
spoken  in  debate,  the  person  calling  him  to  order  shall 
repeat  the  words  excepted  to,  and  they  shall  be  taken . 
down  in  writing  at  the  Clerk's  table  ;  and  no  member 
shall  be  held  to  answer,  or  be  subject  to  the  censure  of 
the  House,  for  words  spoken  in  debate  if  any  other 
member  has  spoken,  or  other  business  has  intervened, 
after  the  words  spoken,  and  before  exception  to  them 
shall  have  been  taken." 

.Mr.  Cox. — Will  it  be  in  order  to  ask  the  question 
whether  the  proceedings  of  this  House  show  that  busi 
ness  did  not  intervene  between  the  speaking  of  the  gen 
tleman  and  the  taking  down  the  language  and  the  in 
troduction  of  the  resolution  of  censure  ? 

The  Speaker  pro  tempore. — The  Chair  overruled  the 
point  of  order,  on  the  ground  that  it  was  not  governed 
by  the  62d  rule.  The  resolution  of  the  gentleman  from 
Pennsylvania  is  based  on  the  ground  of  the  declara- 


APPENDIX.  439 

tions  of  the  gentleman  from  Ohio,  of  the  second  dis 
trict,  made  in  the  national  Capitol,  and  published  in 
the  city  of  New  York. 

Mr.  Eldridge. — It  is  upon  the  ground  of  the 
publication  in  New  York,  as  I  understand  the 
Speaker. 

Mr.  Cox.* — The  Speaker  held  that  the  rule  did  not 
cover  the  case,  as  I  understood  him. 

The  Speak vc  pro  tempore. — Yes. 

Mr.  Eldridge. — I  wish  to  ask  one  question  of  the 
Speaker.  Is  there  any  evidence  before  the  House 
that  the  gentleman  from  Ohio  [Mr.  Long]  caused  the 
publication  of  his  speech  in  a  New  York  paper  ? 

Mr.  Broomall. — There  is  such  evidence  when  that 
question  comes  up. 

Mr.  Eldridge. — That  is  the  question  now. 

The  Speaker  pro  tempore. — That  is  not  a  question 
for  the  Chair  to  answer. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the 
affirmative — yeas  79,  nays  66. 

So  the  decision  of  the  Chair  was  sustained  as  the 
judgment  of  the  House. 

During  the  roll-call, 

Mr.  Fenton  stated  that  he  was  paired  with  Mr. 
"Wadsworth,  but  that  if  he  had  been  at  liberty  to  vote 
he  would  have  voted  in  the  affirmative. 

Mr.  Hubbard,  of  Iowa,  stated  that  he  was  paired 
upon  all  these  questions  with  Mr.  Middleton. 

Mr.Windom  stated  that  his  colleague,  Mr.  Donnel 
ly,  was  confined  to  his  room  by  sickness. 


440  APPENDIX. 

The  result  of  the  vote  was  announced  as  above 
recorded. 

Mr.  Colfax. — Mr.  Speaker,  as  the  amendment 
moved  by  the  gentleman  from  Pennsylvania  [Mr. 
Broomall]  will  accomplish  the  same  purpose  as  my 
original  resolution,  registering  the  solemn  condemna 
tion  of  the  house  of  the  gentleman  from  Ohio's  views, 
and  a's  it  is  evident  that  gentlemen  upon  the  other  side 
of  the  House  will  not  vote  for  the  resolution  of  ex 
pulsion,  I  accept  the  amendment  and  demand  the 
previous  question  on  the  resolution  as  thus  modified. 
I  do  it  with  the  understanding  that  although  I  have 
the  right,  after  the  previous  question  shall  be  sustained, 
to  close  the  debate,  the  gentleman  from  Ohio  who  is 
named  in  the  resolution  shall  have  an  hour  to  reply  to 
me ;  and  if  he  shall  make  any  remarks  of  a  personal 
character  in  his  reply  to  me  I  shall  ask  to  be  allowed 
to  reply  to  him. 

Mr.  Cox. — I  move  to  lay  the  resolution  upon  the 
table. 

The  Speaker  pro  tempore. — The  gentleman  from 
Indiana,  [Mr.  Colfax,]  who  offered  the  original  reso 
lution,  is  entitled  to  the  floor. 

Mr.  Colfax. — This  is  rather  an  extraordinary  time 
for  the  gentleman  from  Ohio  to  propose  to  move  to  lay 
the  resolution  upon  the  table,  as  that  would  cut  off 
my  right  to  close  the  debate. 

Mr.  Cox. — I  do  not  intend  to  cut  off  my  friend's 
right  to  close  the  debate. 

Mr.  Colfax.--  That  would  be  the  effect  of  the 
gentleman's  motion. 


APPENDIX.  441 

Mr.  Cox.— I  withdraw  it,  then ,  but  I  give  notice 
that  at  the  proper  time  I  will  make  that  motion. 

Mr.  Davis,  of  Maryland. — I  rise  to  a  point  of  order. 
I  desire  to  know  whether  it  is  competent  for  the  gentle 
man  from  Indiana  [Mr.  Colfax]  to  modify  his  resolu 
tion  at  this  stage  of  the  discussion. 

The  Speaker  pro  tempore. — The  Chair  is  of  opinion 
that  the  gentleman  from  Indiana  has  a  right  to  modi 
fy  his  resolution. 

Mr.  Davis,  of  Maryland. — Then  I  desire  to  say 
that  if  the  previous  question  be  not  sustained  I  shall 
renew  at  the  first  opportunity  the  original  proposition, 
and  shall  ask  to  have  a  vote  on  the  question  of  ex 
pulsion. 

Mr.  Cox  called  for  tellers  on  the  previous  question. 

Tellers  were  ordered  ;  and  Messrs.  Cox  and  Colfax 
were  appointed. 

The  House  divided,  and  the  tellers  reported — ayes 
76,  noes  71. 

So  the  previous  question  was  seconded. 

Mr.  J.  C.  Allen  called  for  the  yeas  and  nays  on 
ordering  the  main  question. 

Mr.  Colfax. — As  gentlemen  are  going  to  cause 
delay  by  voting  by  the  yeas  and  nays,  I  believe  I  will 
proceed  with  my  remarks  now. 

Mr.  Cox. — We  do  not  desire  to  cause  delay,  but  it 
is  important,  in  the  interest  of  free  speech,  to  have  a 
vote  on  closing  debate. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the 
affirmative — yeas  75,  nays  71. 


442  APPENDIX. 

So  the  main  question  was  ordered  to  be  now  put. 

During  the  roll-call, 

Mr.  Fenton  stated  that  he  had  paired  off  with  Mr. 
Wads  worth. 

Mr.  Hooper  stated  that  his  colleague,  Mr.  Eliot, 
had  been  called  from  the  House  and  had  paired  off 
with  Mr.  McAllister. 

The  vote  was  announced  as  above  recorded. 

Mr.  Colfax. — ""Where  are  we?"  was  the  emphatic 
question  propounded  by  the  eloquent  gentleman  from 
the  first  district  of  Ohio  [Mr.  Pendleton],  on  Tuesday 
last.  I  answer  him,  we  are  in  the  Capitol  of  our  na 
tion.  We  are  in  the  Hall  where  assembles  the  Con 
gress  of  this  Republic,  which,  thank  God,  in  spite  of 
conspiracy  and  treason,  still  lives ;  in  spite  of  enemies 
open  and  covert,  within  and  without  our  lines,  with  and 
without  arms  in  their  hands,  still  lives,  and  which, 
thanks  to  our  gallant  defenders  in  the  field,  will  live  as 
long  as  time  shall  last.  "Where  are  we?"  said  he. 
I  will  answer  him  in  the  language  of  his  colleague, 
[Mr.  Long,]  whose  speech  is  under  review : 

"  From  the  day  on  which  the  conflict  began  up  to 
the  present  hour,  the  confederate  army  has  not  been 
forced  beyond  the  sound  of  their  guns  from  the  dome 
of  the  Capitol  in  which  we  are  assembled.  The  city 
of  Washington  is  to-day,  as  it  has  been  for  three  years, 
guarded  by  Federal  troops  in  all  the  forts  and  forti 
fications  with  which  it  is  surrounded,  to  prevent  an 
attack  from  the  enemy." 

And  yet,  Sir,  while  we  are  thus  placed  "  in  this 
fearful  hour  of  the  country's  peril,"  as  the  gentleman 


APPENDIX.  443 

from  Ohio  [Mr.  Long]  says  in  the  opening  paragraph 
of  his  speech;  while  the  scales  of  national  life  and 
death  are  trembling  in  the  balance,  while  our  veterans 
are  in  the  front  seeking  to  save  the  life  of  the  country, 
and  willing  to  seal  their  fidelity  if  need  be  with  their 
hearts1  blood,  with  the  enemy  almost  at  the  very  gates 
of  your  capital,  at  such  a  time  as  this  the  gentleman 
from  the  second  district  of  Ohio,  rises  in  his  seat  and 
declares  that  our  Government  is  dead ;  nay,  more,  that 
it  is  destroyed ;  and  then,  having  thus  consigned  it  to 
death  and  destruction,  he  avows  boldly  that  he  prefers 
to  recognize  the  nationality  of  the  confederacy  of  the 
traitors  which  has  caused  this  alleged  death  of  the 
Republic  to  any  other  alternative  that  remains. 

It  was  on  that  account  that  I  felt  it  my  duty  to 
bring  this  resolution  before  the  House.  The  gentle 
man  from  Ohio  would  lower  the  banner  of  beauty  and 
glory  that  floats  above  us  to-day,  betokening  that  the 
Congress  of  the  United  States  is  in  session  ;  he  would 
pluck  from  the  brilliant  galaxy  that  glitters  in  its 
azure  field  eleven  of  its  stars ;  he  would  allow  in  that 
diplomatic  gallery  some  Mason,  some  Wigfall,  or 
Beauregard,  as  envoy  extraordinary  and  minister 
plenipotentiary  from  a  foreign  nation  planted  over  the 
graves  of  our  murdered  sons  and  brothers,  upon  soil 
that  belongs  to  the  United  States.  Nay,  more  than 
that,  he  would  allow  the  heights  of  Arlington  to  frown 
with  hostile  batteries,  menacing  our  deliberations  as 
we  sit  here  in  the  Capitol. 

The  gentleman's  colleague  from  the  Columbus 
district,  [Mr.  Cox,]  on  Saturday  last,  said  my  course 


444  APPENDIX. 

was  "extraordinary,"  and  that  remark  seemed  to  be 
the  key-note  of  most  of  the  speeches  that  followed 
from  that  side  of  the  House.  But  there  is  a  parallel 
and  a  justification.  I  call  the  gentleman  from  Ohio 
himself  to  the  stand.  On  last  Saturday  he  rose  in  his 
place  and  said,  alluding  to  his  colleague,  [Mr. 
Long :] 

"He  did  not  speak  for  his  Democratic  colleagues. 
They  met  this  morning  in  caucus  for  the  purpose  of 
disavowing  any  such  sentiments  as  those  which  are 
attributed  to  him.  They  have  authorized  me  so  to 
declare  to  this  House,  in  justice  to  them  and  their 
constituencies."" 

Sir,  it  was  "extraordinary"  when  a  speech  had 
been  delivered  here — nay,  it  was  unprecedented — for 
the  colleagues  of  the  gentleman  who  delivered  it,  of 
his  own  political  faith,  to  regard  it  as  their  duty  to 
their  party  to  hold  a  caucus  and  authorize  one  of  their 
number  solemnly  to  disavow  and  repudiate  it  upon  this 
floor.  If  that  can  be  done  for  the  interests  of  party, 
should  I  be  criticised  for  asking  this  House  to  condemn 
it  solemnly  to  save  the  country  and  the  country's  cause 
from  its  deleterious  effects  ?  Is  the  country  to  be  cared 
for  less  than  the  interests  of  party  ? 

Mr.  Pendleton  rose. 

Mr.  Colfax. — I  cannot  yield  unless  my  time  can  be 
extended,  for  I  only  have  an  hour  to  answer  the 
speeches  on  the  other  side,  and  to  analyze  the  speech 
now  under  review.  But  I  do  not  wish  to  decline  to 
yield  if  the  gentleman  says  that  I  have  made  a  mistate- 
ment  of  his  position. 


APPENDIX.  445 

Mr.  Pendleton . — I  ask  the  gentleman  to  yield  to 
me  for  a  moment  to  correct  a  mistake. 

Mr.  Colfax. — I  yield  for  that  purpose,  though  anx 
ious  for  all  my  time. 

Mr.  Pendleton. — I  only  want  to  say  that  my  col 
league  did  not  speak  in  my  behalf  in  making  that  state 
ment,  and,  so  far  as  I  know,  there  was  no  caucus  of  the 
Ohio  delegation. 

Mr.  Colfax. — I  quoted  from  the  Globe. 

Mr.  Cox. — I  ask  to  say  a  word. 

Mr.  Colfax. — I  will  yield  if  the  House  will  agree 
to  extend  my  time.  [Cries  of  "  Agreed!  "  "Agreed!  " 
from  the  Democratic  side  of  the  House.] 

Mr.  Colfax. — I  will  yield,  then,  of  course. 

Objection  was  made. 

Mr.  Colfax. — I  must  proceed,  then,  without  inter 
ruption. 

The  gentlemen  on  the  other  side,  every  one,  in 
deed,  who  have  referred  to  it  at  all,  have  been  kind 
enough  to  speak  of  my  impartiality  as  the  Presiding 
Officer  of  the  House.  I  thank  them  for  this  testimo 
nial,  which  I  have  endeavored  to  deserve.  But  at  the 
same  time  most  of  them  have  expressed  "  regret"  that 
I  left  the  Speaker's  chair  and  came  down  upon  the  floor 
of  the  House.  I  have,  however,  no  regret ;  not  even 
denunciations  of  the  press,  nor  the  strictures  of  mem 
bers  upon  this  floor,  to  which  I  have  listened  in  re 
spectful  silence  without  interrupting  them,  have  caused 
me  a  moment's  regret.  I  did  it  in  the  performance  of 
what  seemed  to  me  an  imperative  duty,  from  conscien 
tious  conviction,  and  from  no  personal  unkindness  to- 


446  APPENDIX. 

ward  the  gentleman  from  Ohio  [Mr.  Long].  I  have 
no  personal  unkindness  toward  him  or  any  human 
being  who  lives  upon  the  earth.  And  if  it  had  been 
understood  when,  as  a  Representative  from  the  ninth 
congressional  district  of  Indiana,  your  kindness  and 
confidence  placed  me  in  the  Speaker's  chair,  I  was  to  go 
there  fettered  and  tongue-tied,  and  to  leave  the  people 
of  that  district  disfranchised,  that  for  all  time  to  come 
during  this  Congress  I  should  not  speak  for  my  coun 
try,  I  should  have  thanked  you  for  your  election,  but 
would  have  rejected  and  spurned  the  commission. 

I  stand  upon  this  floor  to-day  by  no  "  condescen 
sion  "  from  that  responsible  position.  No,  Sir.  In  that 
chair  I  am  the  servant  of  the  House  to  administer  its 
rules,  but  on  this  floor  the  equal  of  any  other  member, 
no  more,  no  less. 

Duty  is  often  unpleasant,  sometimes  distasteful  and 
repulsive ;  but,  Sir,  the  man  who  will  not  fearlessly 
discharge  his  duty  is  not  fit  to  be  in  public  life.  If  my 
brother,  under  the  solemnity  of  the  stringent  oath  taken 
by  members  of  this  Congress  for  the  first  time  since  its 
enactment,  had  made  this  speech  which  now  lies  before 
me,  I  would  have  done  the  same  toward  him  as  toward 
the  .gentleman  from  Ohio,  not  that  I  loved  him  less, 
but  my  country  more.  As  I  stated  in  the  opening  of 
this  debate,  if  the  House  did  not  rebuke  and  condemn 
this  sentiment,  you  would  have  no  right  to  complain 
of  foreign  countries  recognizing  this  rebel  confederacy, 
which  the  gentleman  from  Ohio  was  willing  to  recog 
nize.  Nay,  more,  if  this  was  the  support  which  you 
gave  to  the  soldiers  whom  you  have  sent  to  the  field, 


APPENDIX.  447 

if  this  was  the  aid  and  comfort  you  gave  them,  they 
would  have  the  right  to  turn  upon  us  and  say,  "  You 
called  us  forth  to  fight  the  battles  of  the  Union,  while 
you  in  the  Capitol  allow  men  to  make  speeches  which 
will  be  quoted  with  joy  in  the  confederate  congress, 
which  will  strengthen  the  arms  and  sinews  of  the  men 
we  have  to  meet  in  battle  array,  while  they  paralyze 
and  discourage  us." 

The  gentleman  from  Wisconsin  [Mr.  Eldridge]  the 
other  day  appeared  to  doubt  my  statement  that  this 
resolution  was  introduced  upon  my  own  responsibility, 
and  said  he  could  not  but  believe  there  had  been  some 
consultation.  I  repeat  the  statement  that  I  conferred 
with  no  member.  Knowing  that  it  was  a  grave  re 
sponsibility  to  assume,  I  proposed  to  take  it  alone. 
The  only  member  of  this  House  to  whom  I  stated  my 
intention  was  the  gentleman  who  now  occupies  the 
chair  as  Speaker  pro  tempore  [Mr.  Rollins,  of  New 
Hampshire],  who  was  notified  but  five  minutes  before 
twelve  o'clock  that  day  that  I  intended  to  occupy  the 
floor.  Not  even  the  gentleman  from  Iowa  [Mr.  Grin- 
nell],  who  moved  that  day  to  dispense  with  the  reading 
of  the  Journal,  which  has  been  regarded  on  the  other 
side  as  part  of  the  arrangement,  knew  any  thing  about 
it ;  and  he  will  bear  witness  to  it. 

Mr.  Grinnell. — I  knew  nothing  of  it. 

Mr.  Colfax. — But  I  did  consult  with  one  life-long 
friend,  and  after  telling  him  my  purpose  he  said,  "Do 
you  not  know  you  will  make  yourself  the  target  of  at 
tack  ?  "  I  told  him,  yes.  I  had  counted  the  cost,  and 
was  willing  to  be  made  the  target  of  attack  for  the  sake 


448  APPENDIX. 

of  my  country,  and  for  the  sake  of  the  thousands  of  my 
constituents  who  have  gone  into  the  terrible  arena  of 
struggle  on  the  battle-field,  and  who  now  themselves 
are  the  target  of  attack  for  the  sake  of  the  country 
they  love.  I  would  have  done  it  had  I  lost  thereby 
the  honorable  privilege  of  occupying  that  chair  to  which 
your  partiality  elevated  me,  or  if  it  had  driven  me  into 
private  life,  because  it  was  my  duty  to  do  it. 

On  Saturday  morning,  after  the  reading  of  the 
Journal  was  dispensed  with,  I  rested  a  moment,  as  may 
be  remembered,  and  it  was  to  see  if  any  other  member 
would  offer  the  resolution — for  I  would  have  been  glad 
to  have  seen  it  come  from  the  other  side  of  the  House 
— but  as  none  did,  I  took  my  place  upon  the  floor  as 
a  member  and  offered  it. 

I  desire  before  proceeding  to  analyze  this  speech  of 
the  gentleman  from  Ohio,  in  which  its  exact  language 
shall  be  quoted,  to  review  rapidly  a  few  personal  re 
marks  which  have  fallen  from  gentlemen  upon  the  other 
side  of  the  House.  < 

The  gentleman  from  Ohio,  from  the  Columbus  dis 
trict  [Mr.  Cox],  was  pleased  to  speak — although  he 
bore  testimony  to  my  fairness — of  my  "  condescend 
ing  "  to  come  down  from  that  chair  to  offer  this  resolu 
tion.  But  there  is  an  illustrious  example  in  one  whose 
shoe-latchet  I  may  not  be  worthy  to  unloose  ;  and  who 
in  times  gone  by,  in  times  of  war,  filled  that  seat.  I 
allude  to  him,  "  of  lion  heart  and  eagle  eye,"  whose 
name  is  closely  associated  with  a  large  part  of  our  past 
history,  and  who  during  our  last  war  with  Great  Brit 
ain,  when  he  represented  the  Lexington  district  of 


APPENDIX.  449 

Kentucky  and  was  Speaker  of  this  House,  came  down 
from  that  chair,  and  frequently  upon  this  floor  entered  , 
into  the  debates  of  this  House.  I  have  looked  at  the 
history  of  those  times,  for  I  desired  to  protect  myself 
against  any  charges  of  departing  from  the  privileges  of 
this  body. 

Mr.  Mallory  rose. 

Mr.  Colfax. — I  cannot  yield  unless  my  time  is  to 
be  extended. 

[Cries  of  "  Agreed/'] 

Mr.  Mallory. — The  gentleman,  I  suppose,  will  not 
object  to  my  relating  in  detail  an  event  in  the  history 
of  our  country,  when  Mr.  Clay,  who  in  1812  was 
Speaker  of  this  House,  descended  from  his  place  as 
Speaker  to  the  floor  to  reply  to  remarks  made  by  Jo- 
siah  Quincy,  of  Massachusetts.  I  wish  to  observe  to 
the  gentleman  from  Indiana  that  those  remarks  were 
very  intemperate,  I  will  not  say  treasonable,  because, 
deeming  there  is  no  treason  in  this  case  at  all,  com 
parisons  could  not  be  instituted  between  the  two,  but 
the  remarks  made  by  Mr.  Quincy  were  very  objection 
able,  and  Mr.  Clay  descended  from  the  chair  to  reply 
to  those  remarks,  but  not  to  move  a  resolution. 

Mr.  Colfax. — My  friend  from  Kentucky  is  a  much 
abler  and  older  man  than  myself ;  but  he  is  not  quite 
as  well  posted  in  the  history  of  that  Congress  as  I  hap 
pen  to  be  at  this  time.  That  distinguished  man,  whose 
history  is  the  history  of  the  nation,  came  down  from 
the  Speaker's  chair  during  the  Congress  of  1812-13, 
nine  different  times  to  make  speeches;  and  at  the  next 
session  made  six  speeches  more. 
29 


450  APPENDIX. 

Mr.  Mallory. — Did  he  ever  move  to  expel  a  mem-, 
ber? 

Mr.  Coif  ax. — The  gentleman  will  have  his  portion 
in  due  season,  if  he  will  allow  me  to  get  through  with 
my  remarks.  Mr.  Clay  came  down  from  the  chair  and 
made  nine  different  speeches  at  one  session,  and  six 
more  at  the  next ;  and  if  the  gentleman  doubts  it,  let 
him  go  to  that  library  and  he  will  find  it  is  so.  They 
were  on  the  side  of  his  country,  and  in  those  speeches 
he  did  not  hesitate  about  words.  He  used  words  which 
I  shall  not  copy  to-day. 

Mr.  Dawes. — If  my  friend  from  Indiana  proposes 
to  ask  the  gentleman  from  Kentucky  [Mr.  Mallory]  to 
state  what  language  of  the  venerable  Josiah  Quincy  he 
feels  justified  in  comparing  to  the  speech  of  the  gentle 
man  from  Ohio,  [Mr.  Long,]  I  have  nothing  to  say. 
But  unless  he  does  that,  I  think  it  is  due  to  the  char 
acter  of  that  distinguished  gentleman  that  the  member 
from  Kentucky  be  called  upon  to  state  what  language 
of  Hon.  Josiah  Quincy,  then  a  Representative  upon 
this  floor,  justifies  him  in  making  the  remarks  he  has 
made. 

Mr.  Mallory. — Will  my  friend  from  Indiana  yield 
to  me  for  a  moment  ? 

Mr.  Golfax. — I  will  just  this  once ;  but  am  anxious 
for  my  full  hour.  [Cries  of  "  Agreed !  "  on  the  Dem 
ocratic  side.] 

Mr.  Mallory. — I  do  nof  recollect  the  precise  words 
used  by  Mr.  Josiah  Quincy  to  which  Mr.  Clay  took 
exception. 

Mr.  Colfax. — Please  be  brief. 


APPENDIX.        .  451 

Mr.  Mallory. — If  the  gentleman  will  a'How  me  to 
answer  the  gentleman  from  Massachusetts  in  my  own 
way,  I  will  do  so.  If  not,  I  must  decline  to  do  so  at  all. 

Mr.  Colfax. — I  only  asked  the  gentleman  to  be 
brief,  but  I  take  back  the  remark. 

Mr.  Mallory. — I  spoke  from  my  general  recollection 
of  Mr.  Quincy's  speeches.  I  remember  that  in  the 
specific  speech  to  which  Mr.  Clay  replied,  he  denounced 
the  war  then  being  waged  by  this  country  against 
Great  Britain  as  causeless,  as  being  hostile  to  the  in 
terests  of  Massachusetts,  and  as  a  war  to  which  he 
and  his  people  were  opposed.  That  is  my  general 
recollection  of  the  language  to  which  I  refer.  I  wilt 
not  quote  any  newspaper  excerpts  from  his  speeches, 
but  reply  upon  the  statement  I  have  made  as  to  the 
general  tenor  of  the  remarks  indulged  in  by  himself 
and  by  other  members  from  Massachusetts  during  that 
memorable  discussion. 

Mr.  Dawes. — I  do  not  desire  to  mingle  in  this  de 
bate  at  all,  nor  to  consume  the  time  of  the  gentleman 
from  Indiana ;  but  it  is  due  to  one  of  the  purest,  most 
venerable,  and  most  esteemed  patriots  in  this  land  that 
he  should  be  vindicated  from  any  such  innuendo  or 
covert  attack  as  has  been  made  by  the  gentleman  from 
Kentucky.  I  know  that  he  was  opposed  to  that  war ; 
but  that  he  was  a  lover  of  his  country  and  a  true 
patriot,  is  as  true  as  that  the  sun  shines. 

Mr.  Colfax. — Now,  Sir,  I  shall  not  get  Kentucky 
and  Massachusetts  into  collision  again. 

Mr.  Mallory. — The  gentleman  cannot  get  Kentucky 
•  and  Massachusetts  into  collision. 


452  APPENDIX. 

Mr.  Colfax. — I  am  very  glad  to  hear  it.  I  meant 
the  members  from  those  States. 

I  have  said  that  Mr.  Clay  came  down  from  the 
Speaker's  chair,  and  made  nine  speeches  in  the  first 
session  of  the  Twelfth  Congress,  and  used  most  distinct 
and  emphatic  and  partisan  language,  too ;  and,  during 
the  second  session  of  that  Congress,  he  followed  that 
up  by  coming  down  upon  the  floor,  as  the  Represent 
ative  of  his  district,  and  making  six  speeches  more. 
That  was  the  time  when  he  had  the  debate  with  Mr. 
Quincy,  to  which  reference  has  been  made.  But  if 
Mr.  Quincy  had  said — as  he  did  not  say — that  he  was 
willing  to  surrender  the  territorial  integrity  of  this 
country  ;  nay,  more,  if  h6  had  said,  as  did  the  gentle 
man  from  Ohio,  that  he  was  willing  to  allow  a  foreign 
Government  to  be  planted  upon  our  own  soil  by 
traitors,  building  their  traitorous  fabric  upon  the  oaths 
they  hac}  forsworn,  the  impetuous  old  chieftain  of  Ken 
tucky  would  undoubtedly  have  moved  his  expulsion  on 
the  spot,  and  the  members  of  that  Congress  would  have 
acceded  to  his  motion. 

The  gentleman  from  New  York  across  the  way — it 
is  not  parliamentary  to  call  members  by  name,  but'  I 
allude  to  the  gentleman  who  was  once  the  mayor  of 
New  York  [Mr.  Fernando  Wood]  —  alluded  to  my 
"  having  descended  to  this  gladiatorial  arena  as  a  par 
tisan."  The  gentleman  did  not  know  the  place  to 
which  he  was  commissioned.  This  is  now  no  "  gladia 
torial  arena."  It  may  have  been  so  in  former  times, 
when  men  with  weapons  in  their  hands  sought  to  pre 
vent  others  from  expressing  their  sentiments.  That 


APPENDIX.  453 

day  has  passed  away.  This  is  the  Hall  where  assemble 
the  Representatives  of  the  various  States  of  this  Union, 
but  not  as  gladiators.  They  assemble  here  as  gentle 
men,  as  public  men,  as  statesmen,  to  guard  faithfully 
the  interests  of  their  country  which  are  committed  to 
their  charge,  and  to  which  they  are  solemnly  sworn 
before  they  enter  upon  their  duties..  I  did  not  suppose 
that  that  gentleman  would  indorse  my  resolution.  He 
will  not  think  it  unkind  of  me  for  quoting  from  a 
speech  made  by  him  last  autumn  at  Bergen,  New 
Jersey.  In  that  speech  he  said  : 

"  There  is  no  such  thing  as  rebellion  under  the  in 
stitutions  upon  which  the  Government  of  this  country 
is  founded.  Suppose  New  York  chose  to  secede,  who 
dare  attempt  to  prevent  her?  Virginia  has  the  same 
right  as  New  York."  *  *  *  *  "  It  is  the  duty 
of  the  people  now  to  refuse  to  give  another  man  or  an 
other  dollar  for  the  purpose  of  carrying  on  the  war." 

"  Suppose,"  said  the  gentleman,  "  that  New  York 
chose  to  secede,  who  dare  attempt  to  prevent  her  ?  " 

Mr.  Fernando  Wood. — Mr.  Speaker 

Mr.  Colfax. — I  will  yield  if  the  gentleman  will 
say  that  that  is  a  mistake ;  but  cannot  yield  for  him  to 


argue  it. 


Mr.  Fernando  Wood. — I  desire  to  say  that  it  is 
not  only  a  mistake,  but  that  there  is  not  the  slightest 
foundation  for  the  statement  attributed  to  me  by  the 
gentleman. 

Mr.  Colfax. — I  read  it  in  the  New  York  Herald, 
which  I  supposed  was  good  authority ;  and  find  it 
copied  in  Harper's  Weekly  lately.  However,  I  take 


454  APPENDIX. 

the  gentleman's  word  for  it,  as  I  always  take  the  word 
of  members  here.  He  says  his  speech  was  incorrectly 
reported.  Let  it  pass. 

My  colleague  from  the  Terre  Haute  district  [Mr. 
Voorhees]  also  paid  his  respects  to  me.  He  declared 
himself  in  favor  of  unlimited  freedom  of  speech.  It 
was  a  pretty  broad  assertion.  If  a  man  should  rise  in 
his  place  here  and  counsel  the.  assassination  of  the 
President,  would  my  colleague  stand  by  his  doctrine 
of  unlimited  freedom  of  speech  ?  I  sincerely  trust  he 
would  not.  And  yet  the  inference  and  teachings  of 
the  speech  of  the  gentleman  from  Ohio  were  not  only 
to  encourage  the  assassination  of  the  Republic,  but  to 
encourage  the  rebels  to  continue  their  assassination  of 
the  soldiers  of  the  Republic  also.  My  colleague  quoted 
the  inculcations  of  the  Saviour.  To  them  I  have 
always  bowed  with  respect  and  as  authority.  But 
when  we  turn  to  the  sacred  record  and  look  for  the 
doctrine  laid  down  by  my  colleague,  that  unlimited 
freedom  of  speech  is  divine  and  God-given,  we  find  the 
Saviour  himself  limiting  free  speech,  prohibiting  and 
condemning  profanity  as  contrary  to  His  law.  My 
colleague  had  something  to  say  also  about  the  Helper 
book.  That  is  an  old  story,  dug  up  from  the  relics  of 
the  past.  I  was  asked  if  I  would  give  my  name  to 
recommend  a  book  contrasting  the  industrial  results 
of  the  North  and  the  South,  and  I  said  yes.  That  is 
the  whole  of  it.  Among  the  supposed  extracts  read 
from  the  book  in  the  ensuing  campaign  in  Indiana, 
years  ago,  I  found  some  which  on  examination  proved 
to  be  forgeries,  and  my  constituents  reelected  me,  after 


APPENDIX.  455 

all  the  charges,  by  over  three  thousand  majority ;  so 
that  that  charge  is  barred  out  by  the  statute  of  limita 
tions.  Let  it  go. 

The  gentleman  from  New  York,  from  the  Utica 
district,  [Mr.  Kernan,]  to  whom  we  always  listen  with 
interest,  also  criticised  me.  He  said  "  the  speech  of 
the  gentleman  from  Ohio  was  not  made  in  the  presence 
of  the  enemy."  I  replied  that  it  was,  in  the  presence 
of  both  armies.  Nay,  more,  it  was  made  in  the  pres 
ence  of  the  on-looking  wopld ;  for  it  was  not  only  pub 
lished  in  the  Congressional  Globe,  but  an  abstract  of 
its  most  important  points  went  on  the  wires  all  over 
the  land.  Nay,  more,  it  has  been  borne  through  the 
lines  of  the  enemy  into  the  rebel  cainp,  where,  before 
now,  it  has  given  joy  and  exultation  to  uthe  banditti 
of  man-stealers  in  Richmond."  It  has  gone  forth  to 
strengthen  the  rebels  in  their  work,  and  to  make  them 
feel  they  are  right. 

It  is  contended  by  the  gentleman  from  New  York 
[Mr.  Kernan]  that  the  speech  of  the  gentleman  from 
Ohio  does  not  encourage  sedition.  Yes,  Sir,  it  does. 
The  riots  in^  New  York  city,  in  Illinois,  and  in  other 
parts  of  the  country  have  been  encouraged  by  just  such 
inculcations  as  these,  and  unrebuked  it  would  sow  the 
seeds  of  more.  I  do  not  say  that  that  result  was  in 
tended,  for  we  cannot  look  into  the  heart  of  any  one  ; 
but  there  is  the  speech  ;  it  speaks  for  itself!  The 
gentleman  from  New  York  also  says  that  a  member 
(and  I  took  down  his  words  as  they  fell  from  his  lips) 
"  lias  the  right,  if  in  favor  of  the  dissolution  of  the 
Union,  to  express  it  here ;  and  if  we  expel  him  for  it 


456  APPENDIX. 

we  would  violate  free  discussion."  I  deny  that  posi 
tion.  To  advocate  the  triumph  of  the  rebellion  and 
the  destruction  of  the  Union,  is  in  defiance  of  the  oath 
we  have  all  taken.  And  to  all  this  talk  about  Mr. 
Conway,  let  it  be  remembered  in  reply  that  he  was 
not  then  under  the  obligation  of  the  new  oath  pre 
scribed  by  the  last  Congress,  to  forbid  any  such  in 
fidelity  to  our  trust ;  and,  as  we  all  know,  this  is  the 
first  Congress  in  which  members  have  been  under  the 
weighty  obligations  of  this  'oath,  so  wide  and  broad  in 
its  scope,  and  so  stringent  in  all  its  patriotic  require 
ments.  The  oath  declares — 

"  That  I  have  voluntarily  given  no  aid,  counte 
nance,  counsel,  nor  encouragement  to  persons  engaged 
in  armed  hostility  to  the  United  States  ;  that  I  have 
not  yielded  a  voluntary  support  to  any  pretended  gov 
ernment,  authority,  power,  or  constitution  within  the 
United  States  hostile  or  inimical  thereto." 

And  this  is  plainly  a  continuing  oath,  binding  on 
us  every  day  we  sit  here ;  so  that  ?f  we  violate  it  to 
day  we  ought  not  to  sit  here,  under  that  oath,  to-mor 
row.  Now  comes  the  part  of  the  oath  which  looks  to 
what  we  shall  do  in  the  future : 

44  That  to  the  best  of  my  knowledge  and  ability  I 
will  support  and  defend  the  Constitution  of  the  United 
States  against  all  enemies,  foreign  and  domestic  ;  that 
I  will  bear  true  faith  and  allegiance  to  the  same," 
&c. 

I  deny  that  a  man  who  is  in  favor  of  a  dissolution 
of  the  Union  can  rightfully  sit  here  under  that  oath. 
He  does  not  bear  true  allegiance  to  the  Government 


APPENDIX.  457 

against  all  enemies,  foreign  and  domestic,  if  lie  declares 
in  favor  of  a  dissolution  of  the  Union. 

Mr.  Speaker,  it  was  gratifying  to  hear  the  gentle, 
man  from  New  Jersey  [Mr.  Rogers]  speak  of  his  de 
votion  to  the  right  of  free  speech.  It  is  good  to  hear 
that  his  party  is  to  be  hereafter  in  favor  of  free  speech. 
I  pass  over  all  the  sad  record  of  the  past.  Can  we 
forget  the  virtual  expulsion  of  the  venerable  gentleman 
from  Ohio,  Joshua  R.  Giddings,  from  these  Halls  for 
offering  resolutions  expressing  his  opinion  as  to 
whether  American  Slavery  did  or  did  not  exist  in 
American  ships  on  the  high  seas  outside  of  our  State 
or  national  limits  ?  That  was  all.  He  was  censured 
for  this  expression  by  a  vote  of  the  House,  but  he  felt 
that  he  was  virtually  expelled,  and  he  resigned.  That 
was  done  under  the  previous  question.  Can  we  forget 
the  bludgeoning  of  the  distinguished  Senator  from 
Massachusetts,  Mr.  Sumner,'in  the  other  end  of  the 
Capitol,  because  he  stood  up  there,  and  in  debate 
spoke  freely  his  opinions  ?  Can  we  forget  the  Dem 
ocratic  votes  in  this  Hall  against  expelling  or  censur 
ing  the  members  who  had  inflicted  this  barbarity  upon 
him  ?  Henceforth  we  are  told  we  are  to  have  a  dif 
ferent  creed  in  the  Democratic  party.  Let  us  all  hope 
gentlemen  on  the  other  side  will  not  confine  their  new 
doctrine  of  free  speech  to  those  who  shall  speak  in 
favor  of  a  dissolution  of  the  Union  only,  which  seems 
just  now  exclusively  the  case. 

Mr.  Rogers. — I  ask  the  gentleman  to  yield  to  me 
for  a  moment. 

Mr.  Colfax. — I  cannot  now,  for  lack  of  time. 


458  APPENDIX. 

Mr.  Rogers  again  rose,  and  was  prevented  from 
speaking  by  calls  to  "  Order." 

Mr.  Colfax. — I  come  next  to  the  gentleman  from 
the  Cincinnati  district  [Mr.  Pendleton],  who  spoke  so 
eloquently,  as  he  always  does,  and  I  believe  without 
an  unkind  remark  to  myself — at  least  I  heard  none. 

Mr.  Rogers. — Let  me  ask  the  gentleman  a  question. 
[Cries  of  "Order!"  "  Order!  "from  the  Republican 
side  of  the  House.] 

Mr.  Colfax. — I  would  rather  yield.  But  perhaps  I 
can  anticipate  the  gentleman's  question. 

Mr.  Rogers. — Was  Mr.  Giddings  censured  or  ex 
pelled  ? 

Mr.  Colfax. — He  was  severely  censured,  which  he 
regarded,  however,  as  a  virtual  expulsion,  by  a  vote 
of  129  to  65,  about  a  two- thirds  vote,  and  he  resigned. 

The  gentleman  from  Ohio  read  from  the  New  York 
Times.  I  am  glad  that  gentlemen  on  the  other  side 
regard  it  as  good  authority  to  cite  here,  and  hope  they 
will  regard  it  as  such  on  all  other  questions,  as  its 
editorials  now  find  such  favor  in  their  eyes.  It  spoke 
of  the  attempt  to  expel  the  gentleman  from  Ohio  as 
"  a  disgrace  and  an  outrage."  I  say  to  that  paper 
and  to  this  House,  that  if  my  course  is  a  disgrace,  you 
can  fix  the  brand  on  my  forehead  and  I  will  wear  it 
through  life,  nor  do  I  want  any  prouder  epitaph  on 
my  tombstone  than  that  I  dared  fearlessly  to  stand  up 
here  and  do  my  duty  according  to  my  convictions. 
[Great  applause.] 

Mr.  Speaker,  I  desire  that  the  rules  of  the  House 
forbidding  applause  should  be  obeyed.  Gentlemen  on 


APPENDIX.  459 

the  other  side  have  been  displeased  with  the  galleries 
during  the  past  few  days.  We  have  sat  here,  Sir, 
when  those  galleries  glowered  with  hate  in  their  eyes 
upon  those  who  spoke  for  freedom,  and  applauded  to 
the  echo  those  who  spoke  for  Slavery,  and  never  were 
they  cleared  but  once,  to  my  knowledge.  It  is  un 
seemly  in  this  House  for  the  galleries  to  indulge  in 
applause  or  censure  of  what  occurs  upon  the  floor ; 
and  I  would  rather  have  the  "  God  bless  you"  of  some 
poor  soldier's  widow  who  had  seen  in  her  desolate 
home  that  I  stood  up  for  the  cause  for  which  her  hus 
band  fell,  or  the  "  God  bless  you  "  of  the  soldier  on 
his  dangerous  picket  duty  in  front  of  our  army,  guard 
ing  the  sleeping  host  with  his  own  life,  than  the  ap 
plause  of  these  galleries,  crowded  as  they  are  with 
talent,  heroism,  and  beauty. 

The  gentleman  from  Ohio,  as  well  as  the  New 
York  Times,  compared  the  speech  under  review  with 
that  of  Chatham's,  in  the  British  Parliament,  when  he 
opposed  the  war  against  the  American  colonies.  When 
he  used  the  language  which  has  been  quoted  here, 
what  was  the  war  in  which  Great  Britain  was  en 
gaged  ?  The  provinces  upon  this  continent  were  then 
outlying  and  distant  colonies  of  Great  Britain  ;  they 
were  not  integral  parts  of  the  British  empire.  Indeed, 
they  went  to  war  with  the  mother  country  at  first  be 
cause  they  were  not ;  because  they  were  taxed  without 
representation.  The  man  who  had  risen  in  the  British 
Parliament  and  advocated  the  recognition  of  Canada 
during  the  "  Patriot  war,"  or  the  recognition  of  India 
during  the  Sepoy  insurrection,  would  not,  I.  grant  you, 


460  APPENDIX. 

have  been  subject  to  a  resolution  of  expulsion.  The 
cases  are  not  parallel  with  the  one  before  us  to-day. 
Let  me  present  a  parallel  one.  Suppose  an  unpro 
voked  and  wicked  insurrection  should  break  out  in  the 
southern  counties  of  England,  upon  the  very  shores  of 
the  British  Channel ;  suppose  the  people  of  those 
counties  had  gathered  armies  to  make  war  upon  the 
nation ;  suppose  they  had  taken  possession  of  that  sea- 
coast  and  had  put  out  the  eyes  of  commerce,  the  light 
houses  there;  suppose  that  insurrection  claimed  the 
whole  of  the  country  from  the  Channel  to  the  Thames, 
seeking  to  make  that  river  the  boundary  of  a  new  and 
hostile  nation,  as  it  was  formerly,  before  the  time  of 
Alfred,  and  again  in  the  seventh  century,  a  boundary 
of  one  of  the  former  subdivisions  of  the  British  isle  ; 
and  then  suppose  that  a  man  had  risen  in  the  British 
Parliament,  with  its  windows  looking  out  upon  the 
region  thus  claimed,  and  advocated  the  recognition  of 
the  nationality  and  independence  of  that  insurrection : 
I  ask  you  how  long  such  a  man  would  have  been  al 
lowed  to  remain  in  Parliament  ? 

The  gentleman  also  says  that  "  when  our  Constitu 
tion  is  dead,  our  liberties  are  gone."  His  colleague 
says  the  Constitution  is  dead  now.  Then  if  you  be 
lieve  him,  our  liberties  are  gone  now.  But  the  gen 
tleman  says  that  we  propose  to  expel  his  colleague 
from  Ohio  for  words  spoken  in  debate,  and  he  talks 
about  the  freedom  of  speech.  Sir,  the  reason  for  this 
expulsion  is  that  those  words  show  a  complicity  with 
this  conspiracy,  and  a  willingness  that  it  shall  triumph. 
Our  oaths  require  us  to  maintain  our  Government. 


APPENDIX.  461 

How  can  one  legislate  for  its  maintenance  when  he 
declares  that  it  cannot  be  maintained,  and  that  it  is 
dead  already  ? 

My  colleague  from. -the  Madison  district  [Mr.  Har 
rington]  talked  of  my  appearing  here  as  a  prosecutor. 
I  think  when  I  have  agreed  to  allow  the  gentleman 
from  Ohio  to  have  the  last  word,  when  the  rules  allow 
me  to  close  the  debate,  and  have  done  it  willingly  and 
not  at  the  suggestion  of  any  gentleman,  I  might  have 
been  spared  that  taunt. 

But,  Sir,  the  gentleman  from  Missouri  [Mr.  Rol 
lins]  on  Tuesday  evening  gave  me  some  instructions. 
I  thank  him  for  them.  I  receive  with  all  proper  defer 
ence  instructions  from  any  gentleman  who  sees  fit  to 
constitute  himself  my  schoolmaster.  I  know  Nright 
well  that  I  have  much  to  learn ;  for  every  year  we  live 
we  find  that  there  is  much  to  learn.  After  informing 
me  what  ought  and  what  ought  not  to  be  done,  he 
said : 

a  If  the  cause  of  the  country  can  be  shaken  by  any 
such  speech  as  the  one  of  the  gentleman  from  Ohio, 
[Mr.  Long,]  it  ought  to  be  shaken" 

It  is  to  be  hoped  he  will  analyze  that  sentence  and 
think  over  it,  and  modify  it  before  his  printed  speech 
goes  to  the  country.  For  no  reason  ought  the  cause 
of  the  country  to  be  shaken.  He  went  on  to  say  that 
the  speech  of  the  gentleman  from  Ohio  was  a  most  in 
discreet,  injudicious,  and  unpatriotic  speech  under  the 
circumstances ;  but  that  he  would  not  expel  or  censure 
him  for  it.  Of  course  he  would  not.  Although  he 
heard  the  unpatriotic  remarks  of  the  gentleman  from 


462  APPENDIX. 

Maryland  [Mr.  Harris],  lie  voted  against  expelling  him; 
and  when  the  question  came  up  on  censuring  that  gen 
tleman,  the  vote  of  the  member  from  Missouri  was  not 
found  recorded  either  in  the  affirmative  or  negative. 
Of  course,  then,  he  would  not  vote  either  to  expel  or 
to  censure  the  gentleman  from  Ohio. 

He  said,  furthermore,  that  the  gentleman  from 
Ohio  had  only  followed  the  lead  of  Vallandigham.  I 
have  a  witness  upon  that  subject,  the  gentleman  from 
the  Columbus  district  of  Ohio,  [Mr.  Cox.]  We  have 
been  asked  why  did  we  not  move  to  expel  Vallandig 
ham?  I  answer,  in  the  language  of  the  gentleman 
from  the  Columbus  district,  in  that  part  of  his  Satur 
day's  speech  referring  to  Mr.  Vallandigham : 

"  But  I  will  say  this  for  him,  that  nowhere,  here 
or  at  home,  did  he  ever  utter  a  sentiment  or  do  an  act 
looking  to  the  recognition  of  the  Southern  confederacy. 
He  said  in  his  place  in  this  House,  again  and  again, 
and  quoted  Mr.  Calhoun's  opinions  on  the  Mexican 
war  in  his  justification,  that  he  would  not  oppose  the 
voting  of  men  and  money  to  carry  on  this  war,  the  re 
sponsibility  for  which  he  did  not  covet  nor  bear.  But, 
Sir,  he  never  would  consent  to  a  peace  based  upon 
recognition." 

He  insists,  you  see,  that  Mr.  Vallandigham  never 
advocated  the  recognition  of  the  rebel  nationality, 
which  his  present  colleague  so  boldly  avows. 

Mr.  Rollins,  of  Missouri,  rose. 

Mr.  Colfax. — Really  I  cannot  spare  the  time,  unless 
the  gentleman  says  he  has  been  misstated. 

Mr.  Rollins,  of  Missouri. — I  desire,  with  the  per- 


APPENDIX.  463 

mission  of  the  gentleman,  to  say,  in  explanation  of  the 
sentence  which  he  has  quoted  from  my  remarks  the 
other  evening,  that  I  do  not  believe  that  the  expressions 
of  any  man  or  that  any  speech  from  any  individual  in 
this  House,  however  powerful  he  may  be  intellectually, 
can  shake,  for  one  moment,  the  strength  and  perma 
nency  of  this  Union. 

Mr.  Colfax. — I  understand  the  gentleman's  view ; 
he  stated  it  at  some  length  the  other  evening.  I  insist 
that  the  uncondemned  advocacy  here  of  such  views  as 
those  of  the  gentleman  from  Ohio  weakens,  to  that  ex 
tent,  the  nation's  sacred  cause. 

The  gentleman  from  Illinois  [Mr.  J.  C.  Allen]  also 
spoke  on  this  subject,  and  here  are  his  words.  He  said  : 

"  Suppose  his  words  do  give  aid  and  comfort  to  the 
enemy  ?  Are  we  to  exclude  him  for  his  rights  ?  It 
would  be  in  contempt  of  our  rules  and  of  the  Consti 
tution." 

Why,  Sir,  what  a  doctrine  is  that !  That  if  a  gen 
tleman's  words  do  give  aid  and  comfort  to  our  enemies, 
we  cannot,  according  to  our  rules  or  under  the  Con 
stitution,  do  any  thing  with  them.  Sir,  after  the  utter 
ance  of  that  sentence  early  in  the  debate,  it  must  excite 
no  wonder  to  see  gentlemen  opposite  with  shields  locked 
over  and  around  the  member  from  Ohio  to  protect  him 
and  to  say  that  he  shall  have  the  privilege  of  advo 
cating  the  recognition  of  treason  on  this  floor ;  that  he 
shall  have  the  privilege  of  paralyzing  the  energies  of 
our  soldiers  in  the  field,  by  telling  them  that  their  Gov 
ernment  and  Constitution  is  dead  ;  that  he  shall  have 
the  privilege  of  nerving  to  new  struggles  and  to  new 


464  APPENDIX. 

energies  the  traitoious  armies  of  the  confederacy,  which 
our  own  gallant  troops  have  been  pressing  closer  and 
closer,  both  upon  the  Atlantic  seaboard  and  upon  the 
Gulf.  What  support  to  our  imperilled  country  is  this ! 
Ah,  Sir !  what  words  of  encouragement  are  these  to  go 
to  the  army  of  the  Potomac,  which  in  a  few  days  is  to 
meet  the  enemies  of  the  Republic  in,  perhaps,  the  Wa 
terloo  of  this  great  contest.  If  we  permit  this,  then 
lift  your  blockade,  because  you  are  sending  to  the  rebel 
camps  what  will  do  more  to  strengthen  them  than  the 
munitions  of  war,  which  by  that  blockade  you  seek  to 
exclude. 

Mr.  Speaker,  I  must  hasten  on,  lest  my  time  should 
expire,  unless  indeed  the  House  will  extend  my  time,  as 
they  have  promised,  to  the  length  of  the  interruptions 
to  which  I  have  submitted. 

Mr.  Cox. — I  object  to  the  gentleman's  time  being 
extended,  unless.  I  am  allowed  to  make  a  personal  cor 
rection. 

Mr.  Colfax. — I  am  surprised  that  the  objection 
should  come  from  that  side  of  the  House  after  yielding 
to  it  over  ten  minutes  of  my  time  already  on  that  ex 
press  understanding,  and  conceded  to  the  gentleman 
from  Ohio  the  close  after  me. 

Mr.  Cox. — The  gentleman  refused  to  yield  to  me 
after  he  had  given  way  to  others. 

Mr.  Colfax. — I  was  willing  then  and  am  now  to 
yield  to  the  gentleman,  and  hope  all  objection  will  be 
withdrawn  upon  this  side  of  the  House. 

Mr.  Ores  well. — No,  Sir ;  I  objected  at  the  time, 
and  I  object  now. 


APPENDIX.  465 

Mr.  Colfax. — I  come  now  to  the  speech  of  the 
member  from  Ohio  [Mr.  Long]  itself,  and  am  going 
to  do  it  justice,  quoting  its  very  words  as  I  comment 
on  it.  I  pass  over  his  allusion  to  the  President's 
"coming  through  Baltimore  under  cover  of  night, 
disguised  in  a  plaid  cloak  and  Scotch  cap,  lest,  as  was 
feared  by  his  friends,  he  might  have  received  a  warmer 
greeting  than  would  have  been  agreeable  at  the  hands 
of  the  constituents  of  the  gentleman  from  Maryland, 
[Mr.  Davis.]  "  He  ought  to  have  said  "  at  the  hands 
of  the  enemies  "  of  my  friend.  And  it  is  to  be  regretted 
that  when  he  alluded  to  that  he  could  not  have  at  least 
rebuked,  even  faintly,  that  plot  which  was  the  cause 
of  the  Chief  Magistrate's  coming  through  Baltimore  in 
that  way.  But  the  gentleman  is  entitled  to  choose  his 
own  words. 

He  then  goes  on  to  speak  of  the  opening  of  this 
war,  and  says,  after  the  inauguration : 

"  A  secret  meeting  of  the  Governors  of  a  number 
of  States  was  soon  after  held  in  this  city.  A  scheme 
was  devised  and  a  vessel  sent  out,  under  pretence  of 
furnishing  provisions  to  the  troops  with  Major  Ander 
son  in  Fort  Sumter.  On  arriving  in  Charleston  harbor 
the  people  of  that  city  fired  upon  the  fort.  The  tele 
graph  bore  the  news  to  this  city,  and  on  its  first  men 
tion  to  the  President  he  exclaimed,  '  1 knew  they  would 
do  it ; 1  which  to  my  mind  is  conclusive  that  it  was  in 
tended  for  that  purpose"  "  Thus, 
Sir,  ivas  the  war  inaugurated.'1'1 

Sir,  it  is  scarcely  necessary  to  vindicate  the  truth 
of  history,  except  to  say  that  every  one  knows  that  it 

30 


466  APPENDIX. 

was  in  January,  1861,  two  months  before  the  inaugu 
ration  of  Mr.  Lincoln,  that  the  provision  vessel  in 
tended  to  supply  our  troops  in  Fort  Sumter,  the  Star 
of  the  West,  was  fired  upon  by  the  batteries  on  Morris 
Island  in  Charleston  harbor.  Nay,  more  than  that, 
we  all  know  that  when,  after  that  time,  Mr.  Lincoln 
stood  upon  the  steps  of  this  Capitol  to  take  the  oath 
which  made  him  the  Chief  Magistrate  of  this  nation, 
although  on  the  18th  of  February  Jeff.  Davis  had  de 
clared  at  Montgomery  that  the  day  of  compromise  was 
passed,  and  that  now  the  North  must  smell  Southern 
gunpowder  and  feel  Southern  steel,  Mr.  Lincoln,  with 
a  kindness  of  heart  which  did  honor  to  him,  said  in 
reply,  "  There  shall  be  no  blood  shed  unless  you  your 
selves  commence  it."  He  said  it  in  the  hope  that  their 
fell  purpose  might  be  set  aside,  and  that  our  country 
might  not  be  compelled  to  drink  the  bloody  dregs  of 
the  cup  of  civil  war.  But,  Sir,,  thirsting  for  blood,  and 
at  a  time  when  they  could  have  obtained  possession 
of  Fort  Sumter  in  two  days  by  the  exhaustion  of  the 
supplies  of  its  beleaguered  garrison,  they  opened  their 
batteries  on  that  fort — guns  forged  under  the  flowing 
folds  of  the  stars  and  stripes,  and  trained  by  men  who 
had  received  their  education  at  the  nation's  expense 
at  West  Point — guns  aimed  at  the  very  heart  of  the 
American  Republic.  And  not  even  then  was  war  de 
clared  on  our  side.  But  when  the  telegraph  brought 
us  the  rejoicing  speech  of  the  rebel  secretary  of  war, 
Walker,  in  which  he  declared  that  the  next  month 
would  find  their  armies  in  this  capital,  and  that  by 
May  they  would  dictate  peace  to  us  in  "  Independence 


APPENDIX.  467 

Hall,  at  Philadelphia,1'  then,  and  not  till  then,  did 
Mr.  Lincoln  lay  aside  the  olive-branch  of  peace  and 
appeal  to  the  people  to  draw  the  sword  of  war,  and  to 
save  the  country  which  they  had  committed  to  his 
charge.  Then,  and  not  till  then,  were  soldiers  called 
for  to  resist  the  triumphal  march  of  the  rebel  army 
already  in  the  field,  and  armed  with  the  nation's  guns 
sent  to  them  by  Floyd. 

But,  Sir,  that  is  not  the  history  of  the  opening  of 
the  war  which  the  gentleman  from  Ohio  gives.  On 
the  contrary,  in  this  paragraph  he  seeks  to  relieve  the 
assassins  of  this  country  from  the  damning  guilt  of 
having  plunged  this  country  into  the  horrors  of  civil 
war.  That  cause,  abhorred  of  man  as  it  will  be  in  the 
future,  abhorred  of  God  as  I  believe  it  now  is,  that 
rebel  cause,  steeped  in  shame  and  scarred  with  crime, 
floating  a  flag  black  with  treason  and  red  with  blood, 
the  most  wicked  cause  that  ever  outraged  the  justice 
of  God  or  stained  the  annals  of  men,  has  had  no  such 
vindication  before  as  it  has  now  in  the  speech  of  the 
gentleman  from  Ohio. 

But  he  goes  on  and  says,  speaking  of  these  traitors 
in  arms : 

"  And  now,  Sir,  with  such  a  prospect  before  them 
as  the  sequel  of  submission,  outlawry,  disfranchise- 
ment,  social,  moral,  and  political  degradation,  penury 
for  themselves  and  their  children,  decreed  as  their  por 
tion,  will  they  throw  down  their  arms  and  submit  to 
the  terms  ?  Who  shall  believe  that  the  free,  proud 
American  blood,  which  courses  with  as  quick  pulsation 
through  their  veins  as  our  own,  will  not  be  spilled  to 
to  the  last  drop  in  resistance  ?  " 


468  APPENDIX. 

"Why  not  send  them  an  appeal  to  come  back  to 
their  allegiance  which  they  have  forfeited  and  for 
sworn  ?  No,  Sir,  that  is  not  the  appeal  which  comes 
from  these  walls  to  rebels  in  arms.  On  the  contrary 
this  member  says  for  them,  as  if  the  wish  was  father 
to  the  thought,  that  they  will  spill  the  last  drop  of 
their  blood  in  resistance ! 

What  does  that  mean  ?  It  means  that  when  they 
appear  in  arms  against  the  soldiers  of  the  Union  they 
are  to  be  justified  and  encouraged  by  such  arguments 
in  spilling  their  last  drop  of  blood ;  and  that  means 
the  murdering  of  your  brothers,  your  fathers,  and  your 
sons  in  the  field,  who  are  faithful  to  the  allegiance 
which  these  traitors  in  arms  have  repudiated. 

Let  me  quote  again  from  the  gentleman.  In  the 
same  column  he  says : 

"  Can  the  Union  be  restored  by  war?  I  answer 
most  unhesitatingly  and  deliberately,  No,  never  ;  '  war 
is  final,  eternal  separation.''  My  first  and  highest 
ground  of  opposition  to  its  further  prosecution  is,  that 
it  is  wrong ;  it  is  in  violation  of  the  Constitution,  and 
of  the  fundamental  principles  on  which  the  Federal 
Union  was  founded." 

Mr.  Speaker,  that  declaration  that  the  war  to  save 
the  nation's  life  is  "  in  violation  of  the  Constitution," 
is  the  very  echo  of  the  language  of  Jefferson  Davis 
himself. 

The  gentleman  goes  further;  he  refers  to  the 
views  expressed  by  the  distinguished  gentleman  from 
Pennsylvania,  [Mr.  Stevens.]  That  gentleman  came 
here  from  his  sick-bed  to  repudiate,  with  indignant 


APPENDIX.  469 

eloquence  and  emphasis,  the  idea  that  he  had  given  his 
adherence  to  any  such  views ;  that,  on  the  contrary,  he 
claimed  that  we  had  the  double  right  to  war  on  them, 
as  foreign  enemies,  as  they  claim  they  are,  and  as 
domestic  traitors  also. 

Still  more  of  the  very  language  of  Jeff.  Davis  is 
found  in  the  following  extract  from  the  gentleman's 
speech : 

"Three  years'  experience  in  attempting  cby  numeri 
cal  preponderance  and  military  prowess  of  one  section 
exerted  to  coerce  the  other  into  submission '  has  con 
vinced  me  more  thoroughly  that  it  is  '  as  self-contra 
dictory  as  it  is  dangerous;1  contradictory  because  it 
violates  the  great  principles  of  free  government  which 
^derive  their  just  powers  from  the  consent  of  the 
governed]  and  dangerous  because  by  its  exercise, 
especially  when  wielded  by  a  weak,  vacillating,  and 
unscrupulous  man,  it  destroys  instead  of  maintaining 
the  Union.''1 

Then,  if  we  are  "  violating  the  great  principles  of 
free  government,"  the  rebels  are  right  and  we  are 
wrong,  our  soldiers  must  be  murderers,  and  we  a  con 
clave  of  tyrants  when  we  vote  money  to  keep  them  in 
the  field.  And  if  I  believed  as  does  the  gentleman 
from  Ohio,  I  would  not  sit  here  with  such  associates 
a  moment  longer. 

The  gentleman  warms  with  his  theme  as  he  pro 
gresses,  and  says : 

"  If  the  time  ever  was  when  the  Union  could  have 
been  re-stored  by  war  (which  I  do  not  believe)  it  has 
long  since  been  dispelled  by  emancipation,  confiscation, 


470  APPENDIX. 

amnesty,  and  the  like  proclamations,  military  orders 
annulling  State  constitutions,  setting  aside  State  laws, 
obliterating  State  lines,  and  attempting  to  organize  and 
set  up  a  form  of  State  government  in  their  stead  in 
which  one  man  out  of  ten  who  shall  turn  abolitionist, 
take  and  subscribe  an  oath  to  execute  and  obey  the 
will  of  Abraham  Lincoln,  whatever  it  may  be,  shall 
govern  and  rule  over  the  remaining  nine  who  refuse  to 
become  abolitionists." 

I  cannot  stop  to  expose  at  any  length  this  per 
version  of  the  President's  plan,  but  draw  attention  to 
this  sentence  in  order  to  show  that  the  gentleman  de 
clares  here  that  if  ever  the  time  was  when  the  Union 
could  be  restored  by  war  or  by  any  other  means,  that 
time  has  passed  on  account  of  the  emancipation  pro 
clamation,  &c.  It  need  only  be  said  in  regard  to  the 
President's  proclamation,  that  it  is  not  an  assumption 
of  dictatorial  powers,  but  their  abdication.  It  trans 
fers  the  care  of  the  State  to  the  ballot-box  of  loyal 
citizens  instead  of  ruling  it  by  the  bayonet,  and 
his  plan  should  not  thus  be  perverted.  Nay,  more, 
the  very  oath  which  the  President  requires  sets 
out  that  the  persons  taking  it  shall  not  be  bound  by  it 
if  the  Supreme  Court  of  the  United  States  shall  declare 
that  proclamation  unconstitutional. 

What  wrong  is  there  in  that  ?  If  that  proclama 
tion  is  constitutional  and  in  force,  then  every  good 
citizen  should  give  it  obedience ;  and  if  the  highest 
court  of  judicature  shall  declare  it  unconstitutional, 
then  the  oath  will  not  rest  upon  them  a  single  moment. 
But  the  paragraph  quoted  can  only  be  intended  as  an 


APPENDIX.  471 

argument  to  these  rebels  not  to  return  to  their  allegi 
ance.  Let  us  come  to  the  concluding  part  of  his  speech 
where  he  speaks  of  the  amnesty.  It  will  be  seen  that 
the  objections  of  this  speech  do  not  rest  on  a  single 
paragraph,  like  the  following  resolution  offered  by  the 
gentleman  from  Illinois  in  regard  to  the  gentleman 
from  Maryland,  [Mr.  Harris,]  but  on  the  whole 
speech : 

"  Whereas  Hon.  Benjamin  G.  Harris,  a  member 
of  the  House  of  Representatives  from  the  State  of 
Maryland,  has,  upon  this  day,  used  the  -following 
language  to  wit :  '  The  South  ask  you  to  let  them  live 
in  peace  ;  but,  no,  you  said  you  would  bring  them  into 
subjection.  That  is  not  done  yet,  and  God  Almighty 
grant  that  it  never  may  be.  I  hope  you  will  never 
subjugate  the  South.1  And  whereas  such  language  is 
treasonable  and  a  gross  contempt  of  this  House : 
Therefore, 

"  Be  it  resolved,  That  the  said  Benjamin  G.  Harris 
be  expelled  from  this  House." 

After  making  a  historical  citation  of  Galileo,  he 
says : 

"  So  it  will  be  with  the  man  who  is  forced  to  take 
the  amnesty  oath,  to  save  himself,  his  family,  and  his 
property ;  he  may  take  it,  but  in  his  heart  he  will  de 
test  and  despise  the  authority  that  requires  it. 

Let  the  gentleman  from  Ohio  go  out  toward  the 
front,  and  there  he  will  find  men  lurking  in  ambush 
for  the  purpose  of  murdering  our  brothers  who  stand 
as  sentinels  against  the  advance  of  the  enemy.  They 
are  men  who  have  taken  the  oath  for  the  purpose  of 


472  APPENDIX. 

having  the  protection  of  the  Government,  and  obtain 
ing  supplies  sometimes  for  their  starving  families. 
They  are  farmers  in  daytime  and  guerrillas  at  night. 
When  our  troops  capture  one  of  those  men  and  pre 
pare  to  punish  him  as  a  skulking  and  forsworn  mur 
derer,  he  can  present  the  speech  of  the  gentleman  from 
Ohio  and  say,  "  By  the  counsels  of  a  speech  made  in 
your  Hall  which  you  refused  to  rebuke,  I  was  told  if 
I  was  compelled  to  take  this  oath,  in  my  heart,  he  would 
expect  me  to  hate  and  despise  the  authority  which  re 
quired  it."  Is  that  advice  "true  allegiance  to  the 
Government,"  and  "maintaining  and  supporting  it 
against  all  enemies,  foreign  and  domestic?" 

But  to  go  on.     He  says : 

"  But,  Mr.  Chairman,  how  do  we  stand  in  the  eyes 
of  the  civilized  world  to-day  in  waging  a  war  of  sub 
jugation  and  conquest  against  the  confederate  States 
which  have  seceded  from  us  and  set  up  a  government 
of  their  own  ?  Are  we  not  inconsistent  with  all  our 
former  acts  ?  Have  we  not  been  early  to  admit  this 
proper  with  regard  to  others  ?  There  never  was  a  peo 
ple  on  the  face  of  the  earth  that  demanded  an  indepen 
dent  government  that  did  not  have  the  sympathy  of 
the  American  people,  and  ought  we  now  to  shrink  from 
the  doctrine  we  have  leen  so  willing  to  apply  to  others  ?  " 

Sir,  if  that  means,  as  it  says,  to  give  "  sympathy" 
to  traitors  in  arms,  I  refuse  for  one  to  send  them 
sympathy  from  this  Hall.  But  through  and  through, 
the  speech  is  filled  with  these  inculcations.  Let  us  go 
still  further  down  in  the  column.  There  is  much  more 
which  there  is  not  time  to  read.  Let  me  ask  your  at- 


APPENDIX.  473 

tention,  however,  to  this' significant  confession  of  how 
long  he  has  entertained  these  views : 

"What  our  people  desired  in  1861,  and  which  I 
honored  though  I  regarded  as  mistaken,  was  the  pres 
ervation  of  the  Government  and  the  retention  of  our 
jurisdiction  of  the  whole  territory." 

From  1861  till  now  he  has  regarded  "  the  preserva 
tion  of  the  Government  and  the  retention  of  our  juris 
diction  of  the  whole  territory "  as  a  mistake.  Why 
did  not  the  gentleman  say  so  when,  in  the  month  of 
December,  he  came  here  and  took  an  oath  that  he  would 
bear  true  faith  and  allegiance  to  the  United  States 
against  all  enemies,  foreign  and  domestic  ?  If  he  re 
garded  the  preservation  of  the  Government  and  the 
Union,  and  its  retention  of  jurisdiction  over  the  whole 
country  as  an  error,  then  he  could  not,  it  seems  to  me, 
honorably  take  that  oath,  which  requires  true  faith  and 
allegiance  to  the  whole  Union  and  hostility  to  all  its 
enemies.  We  must  pass  rapidly  over  these  things. 
He  goes  on  to  say : 

"  The  great  object  of  our  Government  should  be  to 
develop  and  cultivate  the  internal  resources  of  those 
friendly  to  its  jurisdiction,  rather  than  to  extend  it  over 
hostile  and  foreign  people.1' 

No,  Sir  ;  the  great  object  of  our  Government  is  to 
maintain  to  the  latest  syllable  of  recorded  time  our 
government  over  every  foot  of  land  which  belongs  to 
this  Union,  every  rood  and  iota  of  it.  It  is  doubly 
sacred  now ;  sacred  by  the  sufferings  and  death  of  those 
who  established  this  Union  ;  sacred  by  the  blood  that 
has  flowed  upon  every  battle-field,  and  by  the  graves 


474  APPENDIX. 

of  our  soldiers  scattered  all  over  the  sunny  South. 
Jackson  did  not  say  in  1832  that  we  must  yield  the 
Union  at  the  demand  of  u  hostile  people,"  but  that  "  the 
Union  must  and  shall  be  preserved." 

He  says  further : 

"The  words  Shiloh,  Antietam,  Gettysburg,  Mur- 
freesboro1,  Richmond,  Vicksburg,  and  Fort  Donelson 
are  words  of  division  and  disunion." 

Oh,  no,  Sir ;  they  are  bonds  of  union.  They  are 
battle-fields  we  can  never  surrender.  For  again,  Sir, 
our  noble  banner,  not  a  Star  dimmed,  not  a  stripe 
erased,  shall  wave  over  every  battle-field  and  court 
house  and  spire  throughout  the  entire  South,  with  none 
to  dare  do  it  despite  or  dishonor. 

The  gentleman  from  Ohio  gives  us  his  counsel  as 
he  draws  toward  a  close,  as  follows : 

"  Mr.  Chairman,  these  lessons  of  history  are  full  of 
warning  and  example.  Much  better  would  it  have 
been  for  vis  in  the  beginning,  much  better  would  it  be 
for  us  now,  to  consent  to  a  division  of  our  magnificent 
empire  and  cultivate  amicable  relations  with  our  es 
tranged  brethren,  than  to  seek  to  hold  them  to  us  by 
the  power  of  the  sword." 

What  a  summing  up  is  this !  We  should  u  consent 
to  a  division  of  our  magnificent  empire,  and  cultivate 
amicable  relations  with  our  estranged  brethren."  Not 
a  word  of  condemnation  for  the  fiends  who  have  cov 
ered  the  land  with  slaughter.  No  syllable  of  sym 
pathy  for  a  bleeding  country.  The  dead  and  wounded, 
fallen  on  a  hundred  battle-fields,  grappling  with  the 
banded  murderers  of  liberty,  arouse  no  sensibility. 


APPENDIX.  475 

But  these  ingrates  and  parricides  are  our  "  estranged 
brethren,"  toward  whom  we  should  feel  u  amicable." 

We  have  all  heard  before  of  these  "  estranged 
brethren  "  of  ours.  On  the  bloody  field  of  Bull  Run 
our  heroic  soldiers,  who  had  laid  down  their  lives  for 
the  country  founded  by  Washington,  were  dug  up  from 
their  graves  by  these  our  "  brethren,"  their  skulls  con 
verted  into  drinking-cups,  and  their  bones  into  orna 
ments  to  be  paraded  throughout  the  South.  Nay,  more. 
Often  this  winter  I  have  met  at  my  own  residence  here 
and  elsewhere  in  Washington  a  gallant  young  officer, 
whose  heroism,  though  costing  him  a  limb,  had  won 
for  him  honorable  fame.  How  he  was  beloved  by 
those  who  knew  him  you  all  do  know.  Manly,  warm 
hearted,  brave  in  battle,  and  generous  in  victory,  with 
a  patriotism  and  devotion  worthy  of  himself,  he  left 
here  with  a  heart  full  of  sympathy  for  his  gallant  com 
rades  pining  in  the  prisons  of  Richmond,  and  forgot 
that  he  was  crippled  in  the  trying  day  and  night  rides 
of  Kilpatrick's  raid  on  the  rebel  capital.  I  allude  to 
Colonel  Ulric  Dahlgren,  young  in  years,  but  one  of 
nature's  noblemen  in  deed.  He  was  ambushed  and 
slain. 

Our  "  estranged  brethren,"  with  whom  we  are  to 
cultivate  "  amicable  relations,"  who  are  all  in  the  right, 
while  we  are  all  in  the  wrong,  left  his  dead  body  in  the 
road  to  be  eaten  by  hogs ;  and  when  at  last  it  had  been 
buried  in  the  field  near  which  he  fell,  they  dug  it  up 
and  carried  it  to  Richmond,  and  after  exhibiting  it  like 
barbarians,  his  remains,  which  death  might  have  saved 
from  insult,  were  tumbled  into  some  unknown  pit,  and 


476  APPENDIX. 

the  Richmond  papers  declared  with  fiendish  and  mali 
cious  rejoicing  that  he  had  died  the  death  and  received 
the  burial  of  a  dog !  Contrast  this  with  our  treatment 
of  O.  Jennings  Wise,  Garnett,  Zollicoffer,  &c.  These 
men,  whose  hate  ends  not  at  the  grave,  are  our 
"  estranged  brethren,"  with  whom  the  gentleman  from 
Ohio  tells  us  we  are  to  cultivate  "  amicable  relations," 
besides  dissolving  our  Union  at  their  command.  Sir, 
I  felt  it  to  be  my  duty  to  ask  the  House  whether  they 
would  send  the  member's  speech  abroad  to  the  country 
without  expressing  their  solemn  condemnation  of  it  in 
this  fearful  hour  of  our  nation's  peril.  Those  who  vote 
against  rebuking  it  may  take  that  responsibility. 

If  yo.u  wish  to  know  more  of  these  "estranged 
brethren  "  go  with  me  to  Belle  Isle,  and  there  receive 
the  hospitalities  which  they  award  to  prisoners  of  war. 
The  picture  is  too  saddening  and  fearful  to  dwell  upon. 
If  you  want  to  see  more  then  go  to  East  Tennessee, 
where  women,  for  loving  the  Union,  have  been  outraged 
so  that  they  longed  for  the  day  of  their  death  as  they 
did  for  the  day  of  their  bridal,  and  where  Union  men 
have  been  hanged  by  the  neck  for  no  other  crime  than 
fidelity  to  that  allegiance  to  which  all  of  us  here  are 
sworn.  Shall  we  cultivate  "  amicable  relations  "  with 
such  men  as  these  ?  No,  Sir,  the  sword  of  the  Gov 
ernment  will  never  be  sheathed  except  over  the  grave 
of  treason.  But  the  gentleman  goes  on  to  say : 

u  Those  elements  of  union  which  Mr.  Adams  de 
scribed  have,  by  the  process  of  time,  been  destroyed. 
Worse,  yea,  worse  than  that,  Mr.  Chairman,  I  am  re 
luctantly  forced  to  the  conclusion  that  in  attempting  to 


APPENDIX.  477 

preserve  our  jurisdiction  over  the  Southern  States  we 
have  lost  our  constitutional  form  of  government  over 
the  Northern. 

"  What  has  been  predicted  by  our  wisest  and  most 
eminent  statesmen  has  come  to  pass ;  in  grasping  at 
the  shadow  we  have  lost  the  substance  ;  in  striving  to 
retain  the  casket  of  liberty  in  which  our  jewels  were 
confined,  we  have  lost  those  precious  muniments  of 
freedom.  Our  Government,  as  all  know,  is  not  any 
thing  resembling  what  it  was  three  years  ago ;  there  is 
not  one  single  vestige  of  the  Constitution  remaining  • 
every  clause  and  every  letter  of  it  has  been  violated, 
and  I  have  no  idea  myself  that  it  will  ever  again  be 
respected ;  revolutions  never  go  backward  to  the  point 
at  which  they  started." 

If  there  is  no  Constitution  left,  what  did  the  gentle 
man  swear  to  support  when  he  stood  at  that  desk  ?  If 
there  was  not  a  vestige  of  the  Constitution  remaining, 
then  his  oath  was,  in  his  own  opinion,  a  nullity  and  a 
dead  letter,  and  he  knew  that  when  he  took  it.  He 
says  further : 

"  To  preserve  a  republican  form  of  government  un 
der  any  constitution,  under  the  prevalence  of  the  doc 
trines  now  in  vogue,  is  clearly  impossible.  These  con 
victions  of  ilie  complete  overthrow  of  our  Government 
are  as  unwelcome  and  unpleasant  to  me  as  they  are  to 
any  member  of  this  House." 

««*«#**## 

"  I  shall  not,  in  these  remarks,  recur  to  the  unpleas 
ant  and  acrimonious  controversy  of  who  is  responsible 
for  the  death  and  destruction  of  our  Republic." 


478  APPENDIX. 

Sir,  if  that  Constitution  is  dead,  if  the  Republic  is 
dead  and  destroyed  as  he  states,  if  the  Government  is 
overthrown  as  he  avers,  there  is  no  other  constitution 
left  in  this  land  save  the  Montgomery  constitution 
framed  by  these  rebels.  The  gentleman  does  not  tell 
us  that,  but  he  says  that  a  government  has  been  organ 
ized  there,  and  we  all  know  they  claim  they  have  a 
constitution.  With  the  recognition  of  the  traitor  gov 
ernment,  we  recognize  their  "  constitution"  as  an  exist 
ing  fact  also.  And  ours  being  all  destroyed,  as  he  says, 
that  one  will  be  the  only  living  one  on  these  shores. 
Are  gentlemen  on  the  other  side  ready  to  say  that  this, 
too,  should  not  be  condemned  most  severely  here  ? 

But  when  he  asserts  that  the  Constitution  is  de 
stroyed,  I  answer  him  from  the  speech  last  Saturday  of 
his  colleague,  [Mr.  Cox.]  Said  that  gentleman  : 

"  What  is  the  life  of  the  nation,  Sir,  of  which  we. 
hear  so  much  ?  I  know  no  other  life  of  the  nation 
except  that  incarnate  in  the  written  Constitution,  which 
protects  property,  person,  home,  conscience,  liberty,  and 
life.  Take  away  these,  and  there  is  no  nation.  Society 
is  stagnant  and  dead.1' 

And  then,  after  this  declaration  that  the  life  of  the 
nation  is  incarnate  in  the  Constitution,  and  that  it 
protects  all  of  us  and  all  our  rights,  he  goes  on  to  say 
that  u  under  no  circumstances  conceivable  by  the  human 
mind,  would  he  ever  violate  that  Constitution  for  any 
purpose,"  and  applies  his  reasoning  on  these  two  points, 
as  follows  : 

u  If  there  be  any  man  in  this  Chamber  who  holds 
or  utters  any  other  sentiment  in  reference  to  the  Con- 


APPENDIX.  479 

stitution  and  his  oath  than  this  which  I  have  expressed, 
I  say  to  him  that  language  has  no  term  of  reproach, 
and  the  mind  no  idea  of  detestation,  adequate  to  ex- 
press  the  moral  leprosy  and  treason  couched  in  his 
language  and  clinging  to  his  soul." 

His  colleague,  [Mr.  Long,]  as  shown  just  now? 
"  holds  and  utters  another  sentiment  in  reference  to  the 
Constitution,"  when  he  declares  that  it  is  dead,  de 
stroyed,  not  a  vestige  of  it  remaining ;  and  I  leave  him 
to  the  denunciation  of  his  own  colleague,  [Mr.  Cox.] 

Mr.  Cox  rose. 

Mr.  Coif  ax. — I  cannot  yield,  having  quoted  the 
gentleman's  own  words  from  his  speech,  and  having 
but  little  time  left. 

Mr.  Cox. — That  language  of  mine  was  used,  as  the 
gentleman  will  see  if  he  reads  the  context  properly, 
with  direct  reference  to  a  remark  made  by  my  col 
league  who  sits  near  him,  [Mr.  Garfield,]  that  he  would 
under  certain  circumstances  overleap  the  barriers  of  the 
Constitution,  and  also  with  reference  to  a  remark  made 
by  one  of  the  gentleman's  own  colleagues,  [Mr.  Julian,] 
that  under  certain  circumstances  he  would  "blast  the 
Constitution."  I  said  that  was  moral  treason. 

Mr.  Colfax. — Sir,  I  am  quoting  the  gentleman's 
own  emphatic  language  of  denunciation,  and  reading 
from  his  own  speech.  I  avoid  the  use  of  language  of 
that  kind  myself,  but  am  applying  his  language,  in 
tended,  it  is  true,  for  others,  to  the  sentiments  just 
quoted  from  his  colleague's  speech.  • 

But  the  gentleman  from  Ohio,  [Mr.  Long,]  after 
all  this  argument,  at  last  boldly  declares  for  recogni- 


480  APPENDIX. 

tion  of  rebel  independence  and  nationality  as  his  choice 
of  all  alternatives  remaining  to  us.  And  here  are  his 
words : 

"I  do  not  share  in  the  belief  entertained  by  many 
of  my  political  friends  on  this  floor  and  elsewhere, 
that  any  peace  is  attainable  upon  the  basis  of  union 
and  reconstruction.  If  the  Democratic  party  were  in 
power  to-day  I  have  no  idea,  and  honesty  compels  me 
to  declare  it,  that  they  could  restore  the  Union  of 
thirty-four  States.  My  mind  has  undergone  an  entire 
change  upon  that  subject ;  and  I  now  believe  there  are 
but  tivo  alternatives,  and  they  are  either  an  acknowledg 
ment  of  the  independence  of  the  South  as  an  independ 
ent  nation,  or  their  complete  subjugation  and  exter 
mination  as  a  people,  and  of  these  alternatives  I  prefer 
the  former. 

"  Mr.  Chairman,  I  take  little  or  no  interest  in  the 
discussion  of  the  question  which  many  of  my  political 
friends  would  make  an  issue,  as  to  how  this  war  shall 
be  prosecuted,  its  manner  and  object.  I  regard  that 
as  worse  than  trifling  with  the  great  question.  I  do 
not  believe  there  can  be  any  prosecution  of  the  war 
against  a  sovereign  State  under  the  Constitution,  and 
I  do  not  believe  that  a  war  so  carried  on  can  be  pros 
ecuted  so  as  to  render  it  proper,  justifiable,  or  expedi 
ent.  An  unconstitutional  war  can  only  be  carried  on 
in  an  unconstitutional  manner"  &c.,  &c. 

Before  I  proceed  to  comment  on  this  extraordinary 
declaration,  let  me  understand  if  my  time  is  to  be  ex 
tended,  as  has  been  promised  when  I  yielded  to  these 
repeated  interruptions  from  the  other  side. 


APPENDIX.  481 

Mr.  Chanler. — I  object  to  any  extension. 

Mr.  Colfax. — I  expected  the  objection  would  come 
from  that  side  of  the  House,  although  I  have  volun 
tarily  given  the  gentleman  from  Ohio  an  hour  after 
me,  which  he  had  no  right  to  claim.  But  I  ask  no 
favors. 

Mr.  Cox. — I  claim  the  right  to  withdraw  the  objec 
tion  I  made  a  while  ago  to  the  extension  of  the  gentle 
man's  time. 

Mr.  Colfax. — Mr.  Speaker,  I  shall  resume  my  seat 
and  submit  the  case  to  the  House. 

Mr.  Long  obtained  the  floor. 

Mr.  Eldridge. — I  rise  to  a  point  of  order.  I  believe 
the  understanding  was  that  the  gentleman  from  Indi 
ana  was  to  have  all  the  time  he  desired. 

Mr.  Colfax. — I  will  not  accept  any  extension  of  my 
time  while  gentlemen  upon  this  floor  object,  as  I  saw 
the  gentleman  from  New  York  [Mr.  Chanler]  object. 

Mr.  McKinney. —  The  gentleman  yielded  seven  or 
eight  minutes  of  his  time  to  this  side  of  the  House. 
Now  I  hope  he  will  go  on. 

Mr.  Eldridge. — It  was  distinctly  understood  on  this 
side  of  the  House  that  he  was  to  have  that  right. 

Mr.  Dawson. — I  think  the  gentleman  ought  to  be 
allowed  to  proceed  without  interruption,  and  I 
trust  there  will  be  no  objection  from  this  side  of 
the  House. 

Mr.  Ancona. — I  rise  to  a  point  of  order.     Unani 
mous  cdhsent  was  given,  as  I  understood,  to  our  hon 
orable  Speaker  to  proceed  beyond  his  hour,  and  it  is 
too  late  to  object  now. 
31 


482  APPENDIX.      . 

The  Speaker  pro  tempore. — He  has  proceeded 
beyond  his  hour  seven  minutes. 

Mr.  Ancona. — No  time  was  indicated. 

Mr.  Eldridge. — He  was  to  have  all  the  time  he 
wished. 

The  Speaker  pro  tempore. — The  gentleman  from 
Ohio  [Mr.  Long]  has  the  floor. 

Mr.  J.  C.  Allen. — I  wish  it  to  be  distinctly  under 
stood  that  I  am  no  party  'to  this  objection  raised 
against  the  gentleman  from  Indiana  proceeding. 

Mr.  Chanler. — I  wish  to  assume  the  whole  respon 
sibility  of  the  matter. 

Mr.  Colfax. — And  I  am  willing  the  gentleman 
shall  assume  the  whole  responsibility. 

Mr.  Long. — I  appeal  to  my  friend  from  New  York 
to  extend  the  courtesies  of  the  House  to  the  Speaker 
and  allow  him  to  finish  his  remarks.  I  hope  he  will 
do  it  from  considerations  personal  to  myself. 

Mr.  Colfax. — Let  me  end  this  discussion.  No  re 
pentant  concession  of  the  member  from  New  York  will 
I  accept.  [Applause.] 

Mr.  Chanler. — I  simply  want  to  say  that  I  desire 
to  yield  to  the  request  of  my  friend  from  Ohio.  [Loud 
shouts  of  "  Order !  "] 

Mr.  Long. — I  regret  this  occurrence  very  much.  I 
had  hoped  that  the  gentleman  from  Indiana  would  be 
allowed  two  hours,  if  he  wished,  and  I  regret  very 
much  that  this  objection  has  been  made  by  my  friend 
from  New  York. 

Before  proceeding,  I  will  ask  unanimous  consent 
of  the  House  that  the  gentleman  from  Indiana  be 
allowed  to  print  the  balance  of  his  speech. 


APPENDIX.  485 

Mr.  Colfax. — The  gentleman  from  Indiana  prints 
no  words  that  he  does  not  utter  here,  and  especially 
none  in  regard  to  a  matter  like  this.  The  gentleman 
makes  the  proposition  in  courtesy,  but  I  cannot  con 
sent  to  it  myself. 

Mr.  Long. — Mr.  Speaker,  I  should  have  been  glad 
to  be  relieved  from  the  necessity  of  making  any  remarks 
upon  this  most  extraordinary  occasion.  I  should  have 
preferred  not  to  address  the  House  on  a  matter  so  per 
sonal  to  myself;  but  the  extraordinary  circumstances 
by  which  I  find  myself  surrounded,  the  peculiar  manner 
in  which  this  discussion  has  been  conducted,  and  the 
importance  of  the  occasion  to  me  individually,  seem  to 
demand  that  I  should  make  a  brief  response  to  some 
of  the  remarks  which  have  been  made  by  gentlemen  on 
the  opposite  side  of  the  House. 

Sir,  I  was  surprised  when  I  entered  the  doors  of 
this  Hall  on  Saturday  last.  The  first  sound  I  heard 
was  the  clear  shrill  voice  of  the  Clerk  reading  a  reso 
lution  for  my  expulsion.  I  was  amazed  when  I  learn 
ed  that  the  Speaker  of  this  House  had  left  his  exalted 
position  and  moved  that  resolution.  Nor  was  I  less 
astounded  when  I  heard  the  speech  which  he  made  in 
its  support. 

I  do  not  complain  of  his  having  offered  the  resolu 
tion.  I  do  not  propose  to  arraign  him  for  having  of 
fered  it.  I  shall  indulge  in  no  personalities  toward 
him,  or  toward  any  gentleman  on  this  floor.  Let  me 
say  now  that,  with  one  or  two  exceptions,  I  have  been 
treated  by  all  who  have  participated  in  this  debate 
with  regard  and  consideration  ;  and  whatever  may  be 


484  APPENDIX. 

the  result  of  the  vote  which  the  House  is  about  to  take 
upon  the  question  of  permitting  me  longer  to  occupy  a 
seat  here,  I  shall  always  recur  with  gratification  to  the 
manner  in  which  I  have  been  referred  to  personally  in 
the  course  of  this  discussion. 

My  acquaintance  with  the  gentlemen  on  the  other 
side  of  the  House  is  limited.  There  are  but  few  of 
them,  comparatively,  with  whom  I  have  become  inti 
mate.  But  all  of  them,  with  few  exceptions,  have  re 
ferred  to  me  in  terms  of  respect  and  kindness.  They 
have  not  impugned  my  motives  ;  they  have  not  found 
fault  with  the  manner  in  which  I  have  expressed  my 
self. 

Now,  Sir,  for  what  am  I  arraigned,  for  what  am  I 
on  trial?  In  what  have  I  offended,  that  I  am  no 
longer  to  be  regarded  as  worthy  of  membership  in  this 
body  ?  In  what,  that  I  am  an  unfit  associate  of  gen 
tlemen  on  this  flopr  with  whom  I  have  been  so  pleas 
antly  connected  for  the  last  four  months  ?  What  is 
it  ?  Have  I  done  aught  inconsistent  with  that  hono 
rable  position  to  which  my  constituents  elected  me  ? 
Have  I  conducted  myself  on  this  floor  in  a  manner 
unbecoming  the  dignity  of  a  Representative  of  the 
people  ?  Have  I  been  indecorous  or  disorderly,  or  in  an 
unseemly  manner  occupied  the  time  or  asked  the  atten 
tion  of  the  House  ?  Have  I  committed  any  crime  ? 
No,  Sir,  no  such  charge  has  been  brought  against  me. 
But  on  the  contrary  I  have  been  highly  complimented 
'for  the  manner  in  which  I  have  expressed  my  opinions. 

What,  then,  is  the  offence  for  which  I  am  arraigned 
and  to  be  expelled  from  this  floor  ?  It  is  this  :  that  in 


APPENDIX.  485 

this  hour  of  our  country's  peril,  when  we  are  engaged 
in  a  war  of  such  magnitude,  involving  such  vast  con 
sequences,  affecting  not  only  ourselves  and  our  con 
stituents  but  the  cause  of  free  government  throughout 
the  world ;  at  this  hour,  when  we  have  an  army  in  the 
field  which  for  numbers,  prowess,  and  expensive  equip 
ment  is  unequalled  in  the  history  of  the  world  ;  at  this 
hour,  when  the  war  has  lasted  three  years,  and  when 
we  are  daily  called  upon  to  vote  appropriations  of  both 
men  and  money  for  its  further  continuance  ;  when  we 
are  uged  to  harass  the  people  by  heavier  and  multiplied 
taxation,  and  to  drag  them  from  their  homes  by  re 
peated  conscriptions  ;  that  in  this  hour,  believing  that 
a  further  continuance  of  the  struggle  will  not  only  be 
fruitless  but  will  ultimately  destroy  the  Republic, 
and  with  it  the  liberties  of  the  people,  exercising  my 
right  as  the  Representative  of  a  free  constituency, 
moved  solely  by  a  desire  to  prevent  an  unnecessary  and 
therefore  wicked  waste  of  treasure  and  a  further  effu 
sion  of  blood  in  what  I  deem  to  be  a  fruitless  struggle ; 
moved  solely  by  my  desire  to  preserve  the  liberties  of 
the  people  and  to  maintain  the  principles  and  form  of 
our  Government,  even  if  we  could  not  preserve  all  its 
territory,  having  no  sympathy  with  and*  no  desire  to 
aid  its  enemies,  I  have  spoken  my  honest  convictions 
according  to  the  ability  which  God  has  given  me. 

That  is  the  sum  and  substance  of  my  offending.  I 
have  gathered  together  materials  which  the  master- 
workmen  of  the  Republican  party  have  prepared  ready 
for  my  use.  I 'was  not  obliged  to  go  either  to  the  quarry 
or  to  the  forest  for  my  material.  I  found  it  already  pre* 


486  APPENDIX. 

pared  by  the  hands  of  skilful  and  experienced  workmen, 
and  without  the  use  of  axe,  hammer,  or  any  tool  of  iron 
I  have  joined  it  together  ;  the  workmanship  is  that  of 
the  leaders  of  the  departed  and  living,  statesmen  of 
your  party,  and  the  leading  journals  which  mould  and 
shape  Republican  opinion.  I  have  justified  my  posi 
tion  by  the  authority  of  those  master-workmen,  the 
statesmen  of  the  old  Whig  and  Republican  parties. 
They  have  prepared  the  materials  for  me,  shaped  them 
in  the  most  delicate  manner,  and  with  the  utmost  skill, 
and  with  the  greatest  powers.  They  have  supplied 
the  arguments  which  I  collected  and  from  which  I 
drew  certain  conclusions  and  presented  them  to  the 
House.  Why,  Sir,  I  have  studied  the  statesmen 
whose  political  sentiments  you  profess.  I  have  quoted 
from  your  present  Chief  Executive,  from  the  Secre 
tary  of  State,  from  men  in  authority  of  equal  ability. 
They  have  maintained  certain  principles  in  regard  to 
the  administration  of  the  government  in  time  of  war 
and  the  coercion  of  States,  and  from  them  I  have 
drawn  my  conclusions.  They  forced  themselves  upon  my 
mind,  and  I  could  not  resist  them.  They  were  that 
two  alternatives  only  remained  to  us  ;  neither  of  them 
is  agreeable  to  me,  but  between  them  I  must  choose, 
and  for  choosing  that  which  I  believed  to  be  the  least 
fruitful  of  evil  I  am  to  be  expelled  from  this  House. 

Now,  gentlemen,  I  ask  you  to  approach  that  ques 
tion  with  care  and  deliberation.  I  ask  you,  before 
you  pass  a  vote  of  expulsion  or  censure  upon  me,  to 
consider  the  circumstances  in  which  we  are  placed  and 
by  which  we  are  surrounded  to-day.  It  is  an  important 


APPENDIX.  487 

occasion.  I  expressed  my  convictions  ;  my  colic/ague 
[Mr.  Garfield]  replied  to  me  immediately.  Many  of 
my  own  friends  did  not  agree  with  me.  *  They  have 
taken  occasion  to  say  so.  My  colleagues  on  this  side 
have,  with  few  exceptions,  hastened  to  express  their 
dissent.  They -were  speedy  to  confirm  my  statement 
that  I  did  not  undertake  to  speak  for  them.  I  may 
be  in  error.  My  judgment  and  conscience  tell  me  that 
I  am  not.  I  may  not  look  at  the  great  struggle  in  its 
true  light.  I  have  looked  at  it  deliberately  in  order 
to  discover,  if  possible,  the  end  to  which  it  was  tend 
ing.  I  have  formed  my  conclusions.  I  believe  there 
are  but  two  issues  to  which  this  war  can  lead;  and  so 
believing,  independently  as  a.  Representative  of  the 
people,  honestly  and  candidly  as  a  man,  overcome  by 
a  sense  of  duty  to  my  country  and  responsibility  to 
my  God,  I  have  deliberately,  courteously,  and  gen 
tlemen  say  with  great  circumspection,  expressed  my 
convictions  to  the  House.  They  commend  my  man 
hood  and  candor;  they  award  me  credit  for  having 
spoken  my  honest  convictions  ;  but  they  dissent  from 
my  conclusions.  That  is  my 'offence. 

Gentlemen,  if  there  is  any  thing  in  that,  if  there 
is  any  blame  to  be  attached  to  me  for  having  thus 
uttered  my  convictions,  then  the  God  who  made  me 
and  gave  me  utterance,  and  gave  me  the  impulse 
to  say  openly  what  I  believe  firmly,  is  to  blame, 
instead  of  myself.  I  declared  the  deliberate  convic 
tion  of  my  judgment,  I  declared  the  deliberate  con 
clusion  of  my  mind;  and  having  listened  with  at 
tention  to  the  arguments  of  gentlemen,  I  have  not 


488  APPENDIX, 

yet  heard  one  which  has  moved  me  from  my  posi 
tion.  I  may  be  in  error.  If  you  are  still  further  to 
govern  us,  I  trust,  for  my  country,  that  I  may  be. 
But  do  not,  gentlemen,  trifle  with  the  country.  If  I 
am  wrong,  convince  me.  Do  not,  in  this  hour,  gratify 
partisan  aspirations  at  the  expense  either  of  our  coun 
try  or  of  truth.  The  gentleman  from  Missouri  [Mr. 
Rollins]  sees  in  this  movement  what  I  have  thought 
I  also  very  clearly  discerned.  He  says  that  it  was  de 
signed  to  make  party  capital,  and  that  the  effort  is 
more  to  see  how  much  can  be  made  out  of  it  for  the 
next  campaign  than  to  arrive  at  just  conclusions.  He 
told  you  that  it  is  all  party  and  no  word  for  the  coun 
try  ;  all  party,  from  the  introduction  of  the  resolution 
to  the  hour  we  are  going  to  vote  on  it.  He  is  the  only 
gentleman  on  the  other  side  of  the  Chamber  who  dis 
cussed  and  combated  the  principles  and  arguments  of 
my  speech.  He  did  it  in  a  courteous,  dignified,  and 
statesmanlike  manner ;  but  while  I  respect  him,  I  must 
say  that  he  has  failed  to  change  my  convictions.  I 
may  be  wrong.  I  believe  I  am  right.  I  have  not 
one  word  to  retract.  My  convictions  are  as  strong,  my 
judgment  as  firm  as  when  on  Friday  I  gave  utterance 
to  my  sentiments. 

What,  Sir,  is  the  position  on  which  I  stand  ?  Let 
me  call  your  attention  for  a  few  moments  to  the  means 
by  which  I  arrived  at  my  conclusions.  I  built  upon 
the  foundation  laid  by  the  gentleman  from  Pennsylva 
nia,  [Mr.  Stevens.]  As  so  much  has  been  said  on  the 
subject,  I  will  read  a  short  paragraph  from  his  speech. 
He  says : 


APPENDIX.  489 

"  Some  think  that  these  States  are  still  in  the 
Union  and  entitled  to*  the  protection  of  the  Constitu 
tion  and  the  laws  of  the  United  States."  *  *  * 

"  Others  hold  that  having  committed  treason,  re 
nounced  their  allegiance  to  the  Union,  discarded  the 
Constitution  and  laws,  organized  a  distinct  and  hostile 
government,  and  by  force  of  arms  have  risen  from  the 
condition  of  insurgents  to  the  position  of  an  independent 
Power  de  facto,  and  having  been  acknowledged  as  a  lellig- 
erent  both  by  foreign  nations  and  our  own  Government, 
the  Constitution  and  the  Union  are  abrogated  so  far  as 
they  are  concerned,  and  that  as  between  the  two  bellig 
erents  they  are  under  the  laws  of  war  and  the  laws  of 
nations  alone,  and  that  whichever  Power  conquers  may 
treat  the  vanquished  as  conquered  provinces,  and  may 
impose  upon  them  such  conditions  and  laws  as  it  may 
deem  best."  ******** 

"  But  it  is  said  that  this  must  be  considered  a  con 
test  with  rebel  individuals  only,  as  States  in  the  Union 
cannot  make  war.  That  is  true  so  long  as  they  remain 
in  the  Union.  But  they  claim  to  be  out  of  the  Union, 
and  the  very  fact  that  we  have  admitted  them  to  be  in 
a  state  of  war,  to  be  belligerents,  shows  that  they  are 
no  longer  in  the  Union,  and  that  they  are  waging  war 
Pin  their  corporate  capacity,  under  the  corporate  name  of 
the  confederate  States,  and  that  such  major  corporation 
is  composed  of  minor  corporations  called  States  acting 
in  their  associated  character" 

uWhen  an  insurrection  becomes  sufficiently  formi 
dable  to  entitle  the  party  to  belligerent  rights,  it  places 


490  APPENDIX. 

the  contending  Powers  on  precisely  the  same  footing 
as  foreign  nations  at  war  with  each  other."  *  * 
"  No  one  acquainted  with  the  magnitude  of  this 
contest  can  deny  to  it  the  character  of  a  civil  war.  For 
nearly  three  years  the  confederate  States  have  main 
tained  their  declaration  of  independence  by  force  of 


*«          .?.  .:„ 

arms. 


"  What,  then,  is  the  eifect  of  this  public  war  be 
tween  these  belligerent,  these  foreign  nations  ?  Be 
fore  this  war  the  parties  were  bound  together  by  a 
compact,  by  a  treaty  called  a  '  Constitution.1  They 
acknowledged  the  validity  of  municipal  laws  mutually 
binding  on  each.  This  war  has  cut  asunder  all  these 
ligaments,  abrogated  all  these  obligations." 

These  are  the  remarks  of  the  gentleman  from  Penn 
sylvania,  word  for  word,  and  which  were  referred  to 
by  the  gentleman  from  Indiana  [Mr.  Colfax]  as  if  I 
were  their  author.  I  adopted  them.  I  have  simply 
followed  in  the  lead  of  the  distinguished  leader  of  the 
Republican  party.  I  drew  my  conclusions  from  the 
speech  of  the  gentleman  from  Pennsylvania,  which  I 
have  not  heard  him  take  back.  I  know  that  some  gen 
tlemen  upon  this  side  of  the  House  have  denounced 
him  for  it;  and  I  know  some  gentlemen  upon  that  side 
of  the  House  have  disagreed  with  him.  Yet  I  have* 
not  heard  of  a  resolution  being  introduced  for  the  ex 
pulsion  or  censure  of  that  gentleman.  He  and  I  agree. ' 
These  States  are  out  of  the  Union  ;  they  have  establish 
ed  an  independent  government  de  facto ;  they  have 
maintained  their  declaration  of  independence  by  force 
of  arms  for  three  years.  For  three  years  they  have  so 


-  APPENDIX.  491 

prosecuted  the  war  that  by  the  laws  of  war  and  the 
laws  of  nations  they  have  cut  asunder  all  the  ligaments 
and  abrogated  all  the  obligations  which  bound  them  to 
us  under  the  Constitution.  He  and  I  agree  in  that 
opinion.  If  you  condemn  me,  I  ask  you  to  be  consis 
tent  and  condemn  your  distinguished  leader.  I  might 
not  have  been  brought  to  that  conclusion  had  not  the 
argument  been  placed  before  me  by  the  leader  of  the 
Republican  party  on  this  floor.  If,  gentlemen,  you 
censure  me  for  putting  myself  in  position  with  him  you 
must,  to  be  consistent,  censure  us  both.  "Be just, 
though  the  heavens  fall."  Rise  above  party.  If  the 
same  words  were  uttered  upon  that  side  of  the  House 
as  those  for  wrhich  you  condemn  me,  make  no  differ 
ence  between  me  and  the  member  of  the  Republican 
party  who  uttered  them  ;  consistency  is  a  jewel.  If 
you  must  have  a  victim,  if  it  is  necessary  that  censure 
should  attach  somewhere,  censure  us  <>both  ;  we  stand 
on  the  same  ground ;  we  uttered  the  same  language 
and  hold  the  same  opinion  as  to  the  condition  of  the 
confederate  States. 

He  goes  further  than  I  do.     He  is  for  waging  war 
against  the  confederate  States  as  a  foreign  nation  for 

O  O 

conquest  and  subjugation.  I  am  against  it ;  the  differ 
ence  is  purely  a  question  of  policy,  wrhich  is  always  a 
legitimate  subject  of  discussion  in  a  legislative  assem 
bly.  I  believe  that  if  a  war  of  subjugation  could  be 
successfully  prosecuted  against  the  confederate  States 
as  a  foreign  nation,  and  we  held  and  governed  them 
as  conquered  provinces  by  the  exercise  of  the  coercive 
power  of  the  the  Government,  the  effect  would  be  to 


492  APPENDIX. 

destroy  the  principles  of  the  Union  between  all  the 
States  North  as  well  as  South,  and  establish  an  abso 
lute  despotism  upon  the  ruins  of  the  liberties  of  the 
people ;  and  believing  this,  I  am  not  willing  to  sacri 
fice  our  republican  form  of  Government  for  territorial 
aggrandizement  and  the  establishment  of  a  despotism. 

Now,  in  another  part  of  my  speech,  I  have  quoted 
from  the  New  York  Tribune,  from  the  great  leading 
republican  paper  of  my  district,  the  Cincinnati  Com 
mercial,  from  the  Columbus  Journal,  and  from  a  num 
ber  of  papers  which  I  will  not  enumerate  here.  I 
did  not  give  to  the  House  what  those  papers  said,  but 
I  extracted  from  them  the  materials  which  I  used  in 
corning  to  my  conclusion.  I  will  now  ask  the  Clerk 
to  read  some  extracts  which  were  published  in  the 
Cincinnati  Commercial  in  1861.  That  paper  is  pub 
lished  in  my  city,  and  is  more  influential  in  moulding 
^Republican  opinion  in  my  district  than  any  other  paper 
published  in  the  State. 

The  Clerk  read  as  follows : 

"  War  for  the  subjugation  of  the  seceders  would 
be  unwise  and  deplorable.  There  is  no  province  in 
the  world,  conquered  arid  held  by  military  force,  that 
is  not  a  weakness  to  its  master.  Many  of  the  Eng 
lish  colonies  have  drained  England  of  her  wealth.  The 
English  people  are  now  eaten  up  with  taxation  to  hold 
distant  possessions  in  military  subjection,  and  carry  on 
her  world-wide  system  of  fillibustering,  which  has  for 
centuries  been  a  national  passion.  The  wars,  which 
are  visited  upon  her  in  her  monstrous  national  debt, 
were  occasioned  by  the  pride  of  her  aristocracy  arid  the 


APPENDIX.  49  3  • 

intrigues  of  her  politicians,  and  were  not,  with  an  ex 
ception  of  two,  in  the  interest  of  her  people.  India, 
upon  which  she  has  lavished  her  strength,  and  which 
is  the  most  magnificent  trophy  of  wars  of  conquest 
held  by  any  nation,  is  an  incumbrance  to  her  to-day. 
Algiers  is  a  costly  and  unprofitable  appendage  of 
France.  Venetia  is  the  weak  spot  of  Austria,  and  the 
life's  blood  of  the  empire  is  drained  to  hold  that  terri 
tory,  which  is  absoluty  worthless  to  the  Austrian s,  and 
fetters  her  armies  in  the  Quadrilateral.  The  history 
of  the  world  certainly  proves  that  it  is  not  profitable 
to  govern  a  people  without  their  consent" 

"  The  logical  lesson  of  this  fact  in  this  country  is  that 
if  there  are  two  nations  here  who  have  been  living  in  an 
unnatural  union,  they  should,  for  the  benefit  of  one  or 
both,  be  separated.  We  do  not  entertain  the  opinion  that 
a  forced  alliance  between  antagonistic  nationalities  has 
existed  in  the  Union  which  our  fathers  made.  We 
believe,  whatever  the  difference  in  domestic  institu 
tions,  in  temperament,  in  soil  and  climate,  and  in  ideas 
of  local  government,  to  be  found  within  the  limits  of 
the  land,  that  each  interest  was  secure  within  the 
Union,  and  that  all  sections  were  more  prosperous  and 
happy  within  than  they  can  be  without  the  Union."" 

"  The  dream  of  an  ocean  bound  republic^  which  has 
been  so  grateful  to  Young  America,  we  yet  hope  to  see 
realized  ;  but  in  the  mean  time  there  is  room  for  sev 
eral  flourishing  nations  on  this  continent ;  and  the  sun 
will  shine  as  brightly  and  the  rivers  run  as  clear — the 
cotton-fields  will  be  as  white  and  the  wheat-fields  as 
golden— when  we  acknowledge  the  southern  confederacy 


,494  APPENDIX. 

as  before.  We  would  not  undervalue  the  Union.  It  has 
ministered  to  our  national  pride  as  well  as  to  the  pros 
perity  of  the  whole  country.  But  when  it  is  gone,  we 
still  have  our  fruitful  and  inviting  soil  and  clime,  our 
seats  and  channels  of  commerce,  and  the  unequalled 
capacity  of  the  people  for  productive  labor." 

"  We  are  not  in  favor  of  blockading  the  southern 
coast.  We  are  not  in  favor  of  retaking  by  force  the 
property  of  the  United  States  now  in  possession  of  the 
seceders.  We  would  recognize  the  existence  of  a  gov 
ernment  formed  of  all  the  seceding  States,  and  attempt 
to  cultivate  amicable  relations  with  it." 

Mr.  Long. — Those  articles,  as  I  said  before,  appear 
ed  in  the  Cincinnati  Commercial,  the  leading  Repub 
lican  paper  of  my  own  State,  There  appeared  also 
at  the  same  time  a  series  of  articles  in  the  Columbus 
Journal,  published  in  the  capital  of  my  State.  The 
articles  in  the  Commercial  appeared  immediately  fol 
lowing  an  interview  which  took  place  between  the  pro 
prietors  of  that  paper  and  the  present  Secretary  of  the 
Treasury,  S.  P.  Chase,  and  at  the  time  they  were  at 
tributed  to  that  distinguished  gentleman. 

I  will  not  detain  the  House  by  referring  to  the 
other  extracts,  but  as  I  said  before  I  found  these  ma 
terials  adjusted  by  the  hands  of  a  skilful  workman  for 
my  use.  I  chose  to  go  to  the  leaders  of  the  Republi 
can  party  rather  than  draw  from  what  had  been  writ 
ten  and  said  by  my  own  party,  feeling  that  thereby 
my  position  would  be  more  impregnable  against  the  as 
saults  of  my  opponents.  I  was  unwilling  to  believe 
that  the  Republican  party  would  repudiate  the  utter- 


•  APPENDIX.  195 

ances  of  its  own  great  statesmen,  leaders,  and  principal 
journals,  but  from  demonstrations  made  on  this  floor 
for  the  last  few  days  I  am ;  led  to  the  conclusion  that 
I  was  most  sadly  mistaken, 

I  caution  you,  gentlemen,  on  that  side  of  the  cham 
ber,  to  approach  the  subject  carefully.  It  .will  be  the 
worst  record  for  you  that  you  can  possibly  make  if  you 
now  repudiate  these  principles.  You  have  before 
avowed  them,  and  I  predict  here  to-day  you  will  be 
driven  to  avow  them  again  before  another  President 
shall  have  been  inaugurated  on  the  4th  of  March,  1865. 
I  warn  you,  gentlernen,  that  in  voting  to  expel  me 
from  this  Hall,  or  in  voting  censure  upon  me  for  ut 
tering  these  sentiments  which  have  been  avowed  by 
your  own  leading  statesmen  and  newspapers,  you  are 
doing  that  which  will  ultimately  subject  yourselves  to 
a  worse  odiurn  than  that  which  you  are  seeking  to  fasten 
upon  me.  Events  are  progressing  rapidly;  we  know 
not  what  a  day  may  bring  forth.  I  do  not,  in  saying 
this,  mean  in  any  degree  to  intimidate  any  gentleman, 
or  prevent  him  from  voting  as  his  judgment  dictates  ; 
but  regardless  of  consequences  to  myself  I  make  the 
prediction  that  you  will  rue  this  day,  that  you  will 
seek  to  obliterate  this  record  before  we  shall  have  dis 
solved  this  Congress  on  the  4th  of  March  next. 

I  may  be  in  error  in  the  opinions  I  expressed. 
Some  of  my  own  friends  upon  this  side  of  the  House 
have  planted  themselves  in  opposition  to  them,  and  I 
have  received  their  condemnation.  Those  who  will  oc 
cupy  a  position  with  me  in  the  future  upon  these  great 
questions  will  not  be  those  who  agree  with  my  distin- 


496  APPENDIX. 

guished  friend  on  my  right,  [Mr.  Smith.]  But  there 
will  be  gentlemen  from  the  other  side  of  the  House 
who  will  come  to  my  principles.  I  believe  that  you 
will  come  to  them,  gentlemen.  I  do  not  believe  that 
the  American  people,  North  or  South,  will  ever  agree 
with  the  member  from  Kentucky,  [Mr.  Smith,]  that 
we  ought  to  subjugate  and  exterminate  the  people  of 
the  South,  and  populate  that  country  with  a  better  class 
of  people.  I  do  not  believe  that  the  people  of  this 
country,  not  even  of  the  Republican  party,  would  agree 
to  that.  I  cannot  believe  that  any  man  when  he  lies 
down  on  his  pillow  and  communes  with  his  God, 
when  he  considers  the  magnitude  of  this  issue,  in 
volving  the  late  of  eight  million  men,  women,  and 
children,  could  agree  to  the  doctrine  of  the  member 
from  Kentucky. 

Mr.  Smith. — The  gentleman  will  allow  me  one  mo 
ment  ;  I  will  not  occupy  more  of  his  time.  When  I 
used  the  expression  the  day  before  yesterday  that  I  was 
willing  not  only  to  subjugate  the  South,  but,  if  need 
be,  to  exterminate  its  people  and  populate  that  coun 
try  with  a  better  class  of  people,  I  did  not  refer  to  the 
innocent  children  who  cannot  commit  treason ;  but  I 
referred  to  the  men  in  arms,  to  those  who  have  by 
direction  or  indirection  committed  treason  against  the 
Government. 

Mr.  Long. — I  give  the  gentleman  all  the  benefit  he 
can  derive  from  his  explanation.  I  regard  it  as  but  a 
very  feeble  effort  to  extricate  himself  from  the  position 
in  which  he  and  other  gentlemen  here  have  placed  them 
selves.  I  envy  not  the  man  who  can  clasp  his  hands 


APPENDIX.  497 

and  close  his  eyes  in  prayer  and  ask  the  extermination 
of  these  people  at  the  South.  I  have  no  heart  and  no 
disposition  to  see  such  a  work  as  that  go  on.  I  cannot 
consent  to  it.  So  help  me  God,  T  am  against  it.  Stand 
ing  as  I  do  among  you  alone,  I  am  willing  to  raise  my 
voice,  feeble  as  it  is,  against  it.  I  want  peace  in  this 
country ;  peace,  peace,  if  I  can  have  it,  rather  than  the 
extermination  of  these  people  who  are  struggling  in  a 
cause  which  they  believe  to  be  right.  Sir,  let  this  war 
cease.  I,  for  one,  am  against  it.  Although  I  may  be 
expelled  from  this  hall,  and  sent  home  to  my  con 
stituents  branded  by  the  condemnation  of  the  gentle 
men  opposite,  I  will  utter  the  convictions  of  my  judg 
ment;  I  will  take  the  consequences,  and  will  go  down, 
if  you  please,  to  infamy,  if  such  is  the  estimation  in 
which  I  am  to  be  held,  for  raising  my  feeble  voice  for 
peace. 

Sir,  I  dislike  personalities,  and  I  intend  to  be  respect 
ful  to  all  gentlemen.  I  must,  nevertheless,  point  out 
what  in  my  judgment  is  an  inconsistency  on  the  part 
of  the  gentleman  who  has  moved  this  resolution  of  ex 
pulsion. 

On  the  llth  day  of  February,  1861,  Mr.  Craige, 
of  North  Carolina,  submitted  on  the  floor  of  this  House 
the  following  resolution.  I  read  from  the  Congressional 
Globe,  second  session  Thirty- Sixth  Congress,  part  one, 
page  853 : 

"Mr.  Craige,  of  North  Carolina. — I  submit  the 
following  resolution : 

"  Whereas  the  States  of  South  Carolina,  Florida, 
Alabama,  Georgia,  Mississippi,  and  Louisiana  have 
32 


498  APPENDIX. 

seceded  from  the  Confederacy  of  the  United  States, 
and  have  established  a  government  under  the  name  of 
'the  confederacy  of  the  United  States  South;'  and 
whereas  it  is  desirable  that  the  most  amicable  relations 
should  exist  between  the  two  Governments,  and  war 
should  be  avoided  as  the  greatest  calamity  which  can 
befall  them : 

u  Resolved  by  the  Senate  and  House  of  Representa 
tives  of  the  United  States  of  America  in  Congress  as 
sembled,  That  the  President  of  the  United  States  be, 
and  is  hereby,  required  to  acknowledge  the  independ 
ence  of  said  government  as  soon  as  he  is  informed  offi 
cially  of  its  establishment ;  and  that  he  receive  such 
envoy,  embassador,  or  commissioner  as  may  or  shall 
be  appointed  by  said  government  for  the  purpose  of 
amicably  adjusting  the  matters  in  dispute  with  said 
government. 

"  Mr.  Craige,  of  North  Carolina. — I  hope  that  the 
resolution  will  be  permitted  to  pass,  as  I  doubt  not  it 
is  the  wish  of  all  of  us  that  peace  shall  be  preserved. 

"Mr.  Farns worth. — I  object;  and  move  that  it  be 
referred  to  the  Committee  on  Patents.  [Laughter.] 

"Mr.  Craige,  of  North  Carolina. — I  move  that  it 
be  referred  to  the  Committee  on  Foreign  Affairs. 

"  The  question  was  taken ;  and  the  joint  resolution 
was  referred  to  the  Committee  on  Foreign  Affairs." 

Thus,  Mr.  Speaker,  on  the  llth  day  of  February, 
1861,  Mr.  Craige,  an  avowed  secessionist,  who  was  in 
favor  of  dissolving  the  Union,  who  carried  out  his 
views  and  went  South,  proposed,  in  his  place  here,  a 
recognition  of  the  confederacy,  and  to  put  in  that  dip- 


APPENDIX.  499 

lomatic  gallery  an  envoy  extraordinary  from  the  Con 
federate  States.  And  this  resolution  was  dignified  in 
this  House  by  a  reference  to  the  Committee  on  Foreign 
Affairs.  The  gentleman  from  Indiana  [Mr.  Colfax] 
was  present  and  assented  to  that  reference.  He  prob 
ably  voted  for  it.  He  moved  no  resolution  of  censure, 
no  resolution  of  expulsion. 

There  is  another  circumstance  to  which  I  wish  to 
allude.  It  has  been  referred  to  before,  but  I  choose  to 
refer  to  it  again.  Mr.  Conway,  a  member  from  the 
State  of  Kansas,  in  a  speech  which  he  made  in  this 
House  on  the  27th  of  January,  1863,  uses  this  lan 
guage  before,  proposing  two  resolutions.  I  read  from 
Congressional  Globe  and  Appendix,  third  session  Thir 
ty-Seventh  Congress,  part  two,  page  66  of  the  Ap 
pendix  : 

"  Nevertheless  I  cannot  refrain  from  expressing  my 
individual  opinion  that  the  true  policy  of  the  North  is 
to  terminate  this  war  at  once.  The  longer  it  continues 
the  worse  our  situation  becomes.  Let  the  two  Houses 
of  Congress  adopt  the  following  resolutions  : 
,!*•  "  Resolved  ~by  the  Senate  and  House  of  Representa 
tives,  &c.,  That  the  Executive  be,  and  he  is  hereby  re 
quested  to  issue  a  genera'l  order  to  all  commanders  of 
forces  in  the  several  military  departments  of  the  United 
States  to  discontinue  offensive  operations  against  the 
enemy,  and  to  act  for  the  future  entirely  on  the  de 
fensive. 

"  Resolved,  That  the  Executive  be,  and  he  is  here 
by  further  requested  to  enter  into  negotiations  with 
the  authorities  of  the  Confederate  States,  with  reference 

S 


'  500  APPENDIX. 

to  a  cessation  of  hostilities  based  on  the  following  prop 
ositions  ;  first,  recognition  of  the  independence  of  the 
Confederate  States ;  second,  a  uniform  system  of  duties 
upon  imports  ;  third,  free  trade  between  the  two  States ; 
fourth,  free  navigation  of  the  Mississippi  river ;  fifth, 
mutual  adoption  of  the  Monroe  doctrine. 

"  I  am  aware  that  this  may  be  said  to  be  giving  up 
the  contest.  In  one  respect  it  undoubtedly  is.  It  is 
an  abandonment,  for  the  time  being,  of  the  attempt  to 
bring  the  South  under  the  sway  of  the  Union  by  force 
of  arms.  But  it  cannot  be  denied  that  in  this  object 
we  are  already  defeated ;  we  have  defeated  ourselves." 

Did  I  ever  say  as  much  ?  Have  I  admitted  that 
we  were  defeated  ?  Have  I  denied  the  prowess  of  the 
Federal  Army  ?  Have  I  denied  its  ability  to  exter 
minate  the  South  ?  Not  a  syllable  can  be  pointed  out 
in  my  speech  which  looks  to  any  such  idea.  Have  I 
ever  once  claimed  that  the  Federal  Army  was  not  able 
to  cope  with  or  overpower  the  confederates  and  exter 
minate  the  Southern  people  ?  I  object  to  its  extermi 
nation.  I  have  not  admitted,  as  Mr.  Conway  did,  that 
we  were  defeated.  I  have  not  been  willing  to  give  up 
the  contest  in  that  respect. 

And  why  do  I  refer  to  this  now  ?  I  refer  to  it, 
Sir,  for  this  purpose  :  to  show  that  as  well  on  the  llth 
of  February,  1861,  as  on  the  27th  of  January,  1863, 
the  present  Speaker  of  this  House  occupied  a  seat  on 
this  floor  and  heard  these  resolutions  offered.  He 
heard  the  speech  of  Mr.  Conway.  And  he,  so  far  as 
I  am  advised,  moved  no  resolution  of  expulsion  or  of 
censure  against  either  of  those  members. 


APPENDIX.  501 

It  has  been  said  that  what  has  been  declared  by 
the  leaders  of  the  Republican  party  against  coercing 
the  States  was  uttered  before  the  war  began  and  before 
blood  was  shed.  It  is  true  this  gentleman  from  North 
Carolina  [Mr.  Craige]  used  that  language  and  offered 
this  resolution  before  blood  was  shed.  Mr.  Conway 
used  his  language  and  offered  his  resolution  after  we 
had  been  engaged  in  war  two  years.  The  army  was 
as  near  to  the  Potomac  then  as  it  is  to-day.  Wash 
ington  city  was  surrounded  then  as  it  is  surrounded 
now.  The  President  was  guarded  then  in  his  mansion 
by  armed  sentinels,  as  I  said  on  last  Friday ;  he  is  guard 
ed  now.  This  gentleman  [Mr.  Conway]  said  that  we 
had  defeated  ourselves  ;  and  he  proposed  a  recognition 
of  the  Southern  confederacy.  He  proposed  that  the 
President  should  recognize  it.  Where  was  the  gentle 
man  from  Indiana  then  ?  Where  was  his  resolution 
of  expulsion,  where  his  resolution  of  censure  against 
Mr.  Conway  ?  Where  was  all  his  virtuous  indignation 
and  his  loud-sounding  patriotism  then  ?  Why  did  he 
not  stop  the  business  of  legislation  long  enough  at 
least  to  make  an  effort  at  expulsion  or  censure  ?  What 
is  the  difference  between  us,  Sir  ? 

On  the  27th  day  of  January,  1863,  the  war  had 
progressed  for  two  years  ;  it  now  has  progressed  three. 
On  the  27th  of  January,  1863,  the  Speaker  who  now 
proposes  my  expulsion  was  on  the  floor  of  the  House, 
and  now  he  is  in  the  Speaker's  chair.  Because  he 
occupies  that  position,  does  it  give  him  any  higher 
right,  does  it  give  him  any  higher  power?  I  think  it 
does  not.  The  only  difference  between  my  conduct 
S  .  .  • 


502  APPENDIX. 

and  that  of  Mr.  Con  way,  was  that  he  was  an  abolition 
ist  and  I  am  a  Democrat.  Therefore  I  am  to  be  ex 
pelled,  while  he  goes  without  censure  or  disapproba 
tion.  [Applause  in  the  galleries.] 

Mr.  Cox. — I  hope  the  Chair  will  preserve  order. 
[Laughter.]  I  presume  he  will  not  hesitate  to  clear 
the  galleries  now. 

Mr.  Long. — I  came  into  this  House  and  delivered 
my  speech  on  Friday.  The  Speaker  of  the  House 
knew  that  I  was  going  to  deliver  it  and  manifested 
much  kindness  in  respect  to  it.  He  evinced  much  dis 
position  to  give  me  the  floor.  Other  gentlemen  on  the 
other  side  of  the  House  knew  I  was  going  to  deliver 
it,  and  I  told  them  I  would  go  a  bow-shot  beyond  any 
thing  that  had  been  yet  said. 

Mr.  Colfax. — The  gentleman  will  bear  me  witness 
that  he  never  said  any  thing  of  that  character  to  me. 

Mr.  Long. — Certainly  I  did  not  say  that  to  the 
Speaker,  but  I  did  to  a  number  of  gentlemen  now  in 
their  seats  on  that  side  of  the  Chamber. 

Mr.  Cox. — If  the  gentleman  will  allow  me  for  a 
moment,  I  want  to  know  from  gentlemen  on  the  other 
side  of .  the  House  whether  some  of  them  were  not 
advised  when  they  went  into  the  Hall  on  Friday  last 
of  the  precise  character  of  the  speech  he  proposed  to 
make,  and  that  it  woulcl  be  for  the  recognition  of  the 
South? 

Mr.  Long. — I  cannot  yield  further  to  my  colleague. 

Mr.  Cox. — I  charge  that  upon  the  other  side  of 
the  House,  and  then  that  they  undertook  to  circulate 
the  speech.  [Laughter.] 


APPENDIX.  503 

Mr.  Long. — I  will  take  care  of  that.  I  do  not  yield 
to  my  colleague  further. 

Now,  Mr.  Speaker,  I  delivered  that  speech  in  this 
House,  as  gentlemen  have  been  kind  enough  to  tell 
me,  very  well.  I  thought  it  was  delivered  very  badly. 
I  was  quite  dissatisfied  with  myself  for  the  manner  in 
which  it  was  delivered.  During  its  delivery  the 
Speaker  did  me  the  honor  to  listen  to  me.  My  eye 
was  upon  him.  A  gentleman  upon  the  other  side  of 
the  House  [Mr.  Ashley],  who  knew  in  advance  the 
character  of  the  speech,  gave  me  his  attention ;  and 
after  I  had  nearly  completed  its  delivery,  after  I  had 
laid  down  my  premises,  and  drawn  my  conclusions, 
after  I  had  not  only  laid  the  foundations,  but  nearly 
erected  the  superstructure,  and  the  hammer  fell  as  my 
hour  expired,  the  distinguished  Republican  from  Il 
linois  [Mr.  Washburne]  rose  in  his  place  and  asked 
the  unanimous  consent  of  the  committee  to  give  me 
time  in  which  to  conclude  my  speech,  and  in  connec 
tion  with  that  request  the  gentleman  is  reported,  and 
I  believe  correctly,  as  follows  : 

"  As  the  speech  of  the  gentleman  from  Ohio  is  the 
key-note  of  the  Democratic  party  in  the  coming  elec 
tion,  I  hope  there  will  be  no  objection  to  his  finishing 
his  speech.  It  means  recognition  of  the  confederacy 
by  foreign  Powers,  and  peace  upon  terms  of  disunion.'1 

What  says  the  rule  on  that  point  ?  I  find  on  page 
124  of  the  Rules  as  follows  : 

"  If  any  member,  in  speaking  or  otherwise,  trans 
gress  the  rules  of  the  House,  the  Speaker  sliall,  or  any 
member  may,  call  to  order ;  in  which  case  the  member 


504  APPENDIX. 

so  called  to  order  shall  immediately  sit  clown,  unless 
permitted  to  explain ;  and  the  House  shall,  if  appealed  . 
to,  decide  on  the  case,  but  without  debate." 

They  knew  what  I  said.  They  heard  me  say  it. 
The  Speaker  heard  it  and  did  not  feel  himself  obliged 
to  call  me  to  order.  Yet  the  rule  of  the  House  is  im 
perative  that  he  shall  call  to  order.  So  far  were  they 
from  that,  that  they  were  willing  that  I  should  finish 
my  speech.  They  gave  me  unanimous  consent  to. 
finish  it.  And  my  colleague  from  the  Toledo  district, 
[Mr.  Ashley],  as  soon  as  the  speech  was  delivered,  put 
his  name  upon  the  list  and  subscribed  for  five  hundred 
copies  of  it  to  be  circulated  as  treason.  [Laughter.] 
Yes,  Sir,  a  number  of  gentlemen  on  that  side  subscribed 
for  it.  The  gentleman  who  took  upon  himself  the  re 
sponsibility  of  drawing  a  parallel  between  Benedict 
Arnold  and  myself  subscribed  for  one  hundred  copies. 
[Laughter.]  Yet  while  these  gentlemen  are  doing 
that,  while  they  are  willing  to  put  it  forth  to  the 
country,  treasonable  as  they  say  it  is,  they  now  demand 
that  I  shall  be  censured  or  expelled  for  having  uttered 
it.  They  have  not  generally  subscribed  for  a  Dem 
ocratic  speech. 

They  have  treated:  me  with  great  consideration. 
They  have  given  me  great  notoriety.  They  could  not 
have  given  more  if  I  had  made  one  hundred  speeches 
upon  this  floor  of  more  ability.  For  the  notoriety  that 
they  have  given  me  in  the  last  three  or  four  days'  pro 
ceedings  of  the  House,  I  ought  rather  to  thank  than 

o  o 

find  fault  with  them.     I  ought  to  feel  rather  com 
plimented  than  otherwise. 


APPENDIX,  505 

Gold  has  gone  up  from  160  to  190.  I  do  not  know 
that  my  speech  has  produced  it.  [Laughter.]  There 
is  something  mysterious  in  this  matter. 

Mr.  Schenck  rose. 

Mr.  Long. — I  cannot  yield  to  my  colleague.  I 
never  yield  to  him.  I  have  the  utmost  respect  for 
almost  every  other  gentleman  on  that  side  of  the 
House  except  my  colleague.  He  does  not  command 
in  this  department.  I  thank  God  that  he  is  not  a 
brigadier-general  on  this  floor.  If  he  were  I  should 
not  be  permitted  to  speak  to-day. 

Mr.  Schenck,  (in  a  subdued  voice.) — If  I  were  I 
would  soon  send  you  over  the  lines.  [Laughter  near 
Mr.  Schenck's  seat.] 

Mr.  Long. — I  have,  I  say,  been  treated  generally 
with  the  highest  consideration  and  respect  by  gentle 
men  on  the  other  side  of  the  House.  But  one  member 
on  that  side  of  the  House,  a  member  from  Pennsyl 
vania,  formed  a  notable  exception.  He  said  : 

"  Among  the  soldiers  of  Pennsylvania  you  would 
not  find  one  in  five  hundred  who  would  not  brain  the 
gentleman  for  uttering  in  camp  the  doctrines  he  uttered 
with  impunity  in  this  hall." 

That  I  may  do  no  injustice  to  a  number  of  gentle 
men  from  that  State  who  have  done  me  the  honor  to 
reply  to  me,  I  will  say  that  I  mean  the  man  who  plays 
Forrest  upon  this  floor  for  the  amusement  of  the 
House  [Mr.  Kelley].  [Laughter.]  I  dislike  to  refer 
to  anything  he  has  said ;  I  dislike  personalities.  Penn 
sylvania  is  my  native  State,  and  I  honor  her  noble 
sons  whether  in  the  field  or  elsewhere. 


506  APPENDIX. 

Yet,  Sir,  I  despise  the  man  who  would  appeal  to 
the  passions  of  the  soldier  in  the  field  to  turn  his  back 
upon  the  foe  worthy  of  his  steel,  and  assail  the  citizen 
at  home.  I  despise  the  man  who  would  say  it ;  and 
I  go  further  and  say  that  of  each  five  hundred  soldiers 
which  Pennsylvania  has  sent,  there  is  not  one  in  whose 
bosom  a  nobler  heart  does  not  pulsate  than  ever  beat 
in  the  breast  of  him  who  would  drag  them  down  to  a 
base  level  with  himself.  [Applause.] 

Sir,  I  regret  that  I  am  obliged  to  refer  to  these 
personalties.  I  do  not  fear  the  soldier.  He  never 
has  offered  me  offence,  and  I  do  not  believe  he  ever 
will.  I  have  a  high  regard  for  his  intelligence  and 
his  valor ;  he  can  distinguish  between  his  real  and  his 
pretended  friends.  He  can  distinguish  between  his 
true  friends  and  those  who,  with  professions  on  their 
lips,  vote  always  against  either  increasing  his  wages  or 
ministering  to  his  wants  when  he  is  actually  in  dis 
tress.  I  have  in  my  hand  the  letter  of  a  soldier,  and 
I  propose  to  read  it.  I  received  it  this  morning,  and 
it  is  but  one  of  many  which  I  have  been  receiving 
daily  since  last  Monday  morning,  and  in  approbation 
of  the  position  I  have  taken.  The  soldier  says  : 

BATTEKY ,  April  13,  1864. 

SIR  :  Will  you  be  so  kind  as  to  send  to  the  sub 
scriber  two  or  three  copies  of  your  speech  of  Friday 
last,  if  you  have  it  in  pamphlet  form,  and  much  oblige 
a  soldier  who  fights  for  free  government,  free  speech, 
and  the  Constitution  as  it  is  ? 

With  respect,  I  remain,  yours,  sincerely, 

Hon.  A.  Long. 


APPENDIX.  507 

The  name  of  the  battery,  company,  and  State  to 
which  he  belongs,  and  location,  are  all  given ;  and  I 
may  here  say  that  his  State  is  ably  represented  on 
both  sides  of  this  Chamber.  I  omit  to  give  his  name, 
company,  &c.,  lest  he  might  be  reprimanded  by  his 
superior  officers. 

[Here  the  hammer  fell.] 

Mr.  Cox. — I  make  my  motion  now  to  lay  the 
amendment  offered  by  the  gentleman  from  Pennsyl 
vania  [Mr.  Broornall]  upon  the  table. 

Mr.  Morrill. — I  ask  the  unanimous  consent  of  the 
House  to  report  from  the  Committee  of  Ways  and 
Means  a  bill  providing  internal  revenue,  in  order  to 
have  it  printed. 

Mr.  Cox. — I  ask  my  friend  over  the  way  to  allow 
my  colleague  [Mr.  Long]  to  proceed  to  the  conclusion 
of  his  remarks.  How  much  time  does  my  colleague 
want  ? 

Mr.  Long. — Fifteen  minutes. 

Mr.  Cox. — My  colleague  wants  only  fifteen  min 
utes  to  conclude  his  defence. 

Mr.  Colfax. — I  hope  the  request  will  be  granted. 

No  objection  was  made. 

Mr.  Long. — I  thank  gentlemen  for  extending  my 
time.  I  shall  be  very  brief  in  my  concluding  re 
marks. 

Now,  Sir,  I  apprehend  that  gentlemen  upon  that 
side  of  the  House  have  mistaken  the  character  of  the 
American  people.  I  am  satisfied  that  they  have  placed 
too  low  an  estimate  upon  their  patriotism  and  intelli 
gence  when  they  undertake  to  shut  out  from  them  free 


508  APPENDIX. 

speech  upon  this  floor.  I  am  willing  to  trust  them, 
with  the  largest  liberty ;  and  I  venture  to  say  that 
had  it  not  been  for  interfering  with  free  speech,  had  it 
not  been  for  opening  the  door  of  the  bastile  for  incar 
cerating  men  *for  doing  what  we  have  been  doing  here 
to-day,  we  should  have  been  in  a  better  condition  to 
day,  our  Government  would  have  been  more  prosper 
ous,  and  we  would  have  been  nearer  the  restoration  of 
the  Union. 

If  this  principle  is  to  be  carried  out,  why  allow  the 
papers  from  Richmond  to  come  through  the  lines,  and 
their  articles  to  be  copied  into  our  papers  and  circu 
lated  throughout  the  land  ?  Why  are  you  not  willing 
to  allow  the  people  to  have  light  ?  Why  do  you  pro 
pose  to  keep  them  in  darkness  ?  You  call  upon  them 
to  respond  in  taxes  and  in  men  to  carry  on  this  war. 
While  you  ask  that  of  them,  they  want  to  know  what 
you  propose  to-  do ;  they  want  to  know  how  you  are 
going  to  terminate  this  war ;  and  they  want  free  dis 
cussion  and  free  debate.  I  am  willing  to  trust  them. 
You  all  think  about  these  matters  ;  if  you  do  not  you 
are  not  up  to  the  high  mission  you  are  charged  with 
in  coming  here.  If  you  have  not  reflected  how  you 
are  going  to  terminate  this  issue,  if  you  have  no  pro 
gramme,  if  you  are  afraid  of  free  discussion,  if  you  are 
afraid  of  the  expressions  of  our  sentiments,  you  are  not 
discharging  the  duty  of  American  statesmen. 

I  have  risked  my  connection  with  my  party,  for 
they  have  denounced  me,  but  I  have  done  what  I  con 
sidered  to  be  my  duty  fearlessly  and  candidly.  I  am 
not  willing  to  believe,  so  far  as  I  am  concerned,  that 


APPENDIX.  509 

gentlemen  upon  the  other  side  of  the  House  will  strike 
down  free  speech  in  my  person. 

I  have  heard  reference  made  to  a  number  of  noble 
Englishmen  when  our  grandfathers  were  struggling, 
as  mine  were,  upon  the  battle-field  to.  achieve  our 
liberties  here.  I  have  already  heard  quoted  upon  this 
floor  what  they  said,  but  I  have  one  quotation  which  I 
desire  to  make  which  has  not  been  referred  to.  It  will 
be  remembered  that  after  the  Declaration  of  Inde 
pendence  there  was  almost  a  unanimity  among  the 
English  people ;  the  Parliament  was  united,  and  the 
ministers  carried  their  measures  by  a  vote  of  more  than 
three  fourths  of  the  members  of  that  body.  And,  Sir, 
in  the  discussion  of  an  address  in  answer  to  the  Crown, 
Mr.  Fox  used  this  language  : 

"It  has  been  said  that  we  are  reduced  to  the 
dilemma  of  conquering  or  abandoning  America.  If 
that  be  the  alternative,  I  am  for  abandonment/1 

Now,  Sir,  when  was  that  said?  It  was  said  in 
October  or  November,  1776,  after  the  battle  of  Long 
Island  and  the  capture  of  the  city  of  New  York  by 
British  arms.  It  was  said,  Sir,  at  a  time  when  every 
thing  looked  favorable  to  the  subjugation  of  the  colo 
nies  upon  this  continent  by  the  British  Government. 
Mr.  Fox  had  the  manhood  to  rise  in  the  British  Par 
liament  at  that  time  and  declare  that  if  the  alternative 
was  presented  between  conquering  the  colonies  or 
abandoning  them,  he  was  for  abandonment ;  and  who 
ever  heard  of  a  resolution  offered  for  censuring  him  ? 
As  early  in  the  history  of  the  Revolution  as  1777  Mr. 
Pitt  used  similar  language  in  reference  to  the  colonies. 


510  APPENDIX. 

He  said  that  in  order  to  save  the  body  he  was  willing 
to  amputate  the  limbs,  and  let  the  colonies  go.  Who 
ever  denounced  or  censured  him  for  using  that  lan 
guage? 

Again,  Sir,  hear  the  language  of  Lord  Chatham  on 
the  same  subject.  He  said  : 

"  The  desperate  state  of  our  arms  abroad  is  in  part 
known.  No  man  thinks  more  highly  of  them  than  I 
do ;  I  love  and  honor  the  English  troops ;  I  know 
their  virtues  and  their  valor ;  I  know  they  can  achieve 
anything  except  impossibilities  ;  and  I  know  that  the 
conquest  of  English  America  is  an  impossibility.  You 
cannot,  I  venture  to  say  it,  YOU  CANNOT  conquer  Ameri 
ca."  *  "  MY  LORDS,  you  CANNOT 
conquer  America"  "  As  to 
conquest,  therefore,  my  lords,  I  repeat,  it  is  impossible. 
You  may  swell  every  expense  and  every  effort  still 
more  extravagantly ;  pile  and  accumulate  every  assist 
ance  you  can  buy  or  borrow ;  traffic  and  barter  with 
every  little  pitiful  German  prince  that  sells  his  subjects 
to  the  shambles  of  a  foreign  prince ;  your  efforts  are 
forever  vain  and  impotent — doubly  so  from  this  mer 
cenary  aid  on  which  you  rely ;  for  it  irritates,  to  an 
incurable  resentment,  the  minds  of  your  enemies — to 
overrun  them  with  the  mercenary  £ons  of  rapine  and 
plunder ;  devoting  them  and  their  possessions  to  the 
rapacity  of  hireling  cruelty !  If  I  were  an  American, 
as  I  am  an  Englishman,  while  a  foreign  troop  was 
landed  in  my  country,  I  never  would  lay  down  my 
arms — never,  never,  never." 

Who  ever  heard  of  a  resolution  of  expulsion  or 


APPENDIX.  511 

censure  of  him  for  the  utterance  of  those  sentiments  ? 
These  men  might  have  been  mistaken.  Time  and 
events  have  proved  that  they  were  correct,  and  that 
they  appreciated  the  magnitude  of  the  great  issue  in 
which  their  country  was  involved.  But  whether  they 
were  right  or  wrong,  whether  mistaken  or  not,  the 
British  Parliament  tolerated  that  difference  of  opinion 
and  maintained  the  freedom  of  speech.  Sir,  are  we 
less  enlightened  to-day,  are  our  people  not  as  intelli 
gent  as  the  English  people  were  then  ?  Can  they  not 
discriminate  between  the  truth  and  error  ?  Cannot 
they  draw  the  line  between  patriotism  and  treason  ? 
Can  they  not  rise,  as  the  gentleman  from  Missouri 
[Mr.  Rollins]  said,  above  party  politics  and  look  to  the 
interests  of  their  country  ?  They  can  judge  whether  a 
man  discussing  these  great  questions  is  right  or  wrong. 
But,  Sir,  give  him  free  speech ;  do  not  strike  him  down 
in  the  American  Congress ;  do  not  strike  him  down  in 
this  enlightened  age,  in  the  middle  of  this  nineteenth 
century,  when  we  boast  of  our  free  speech  and  pride 
ourselves  upon  our  intelligence  and  discriminating 
justice.  Let  the  people  decide.  Let  us  go  to  the  peo 
ple,  as  the  gentleman  from  Kentucky  [Mr.  Smith]  pro 
posed.  Let  the  discussion  commence  here  and  let  it 
extend  to  the  people. 

This  great  question  must  be  discussed.  You  may* 
strike  me  down  for  having  dared  to  approach  it  upon 
this  floor — you  have  the  power  in  point  of  numbers  to 
do  so — but  the  eyes  of  the  American  people  are  upon 
you  and  will  hold  you  to  an  account  for  having  stifled 
free  speech  and  the  freedom  of  debate  in  the  halls  of 


512  APPENDIX. 

the  American  Congress.  The  cant  about  loyalty  has 
served  to  conceal  your  designs  and  shut  out  discussion 
long  enough.  The  people  demand  light.  They  have 
been  patient,  patriotic,  and  enduring  beyond  measure ; 
they  are  still  so  ;  but  they  want  to  know  what  the  final 
result  of  all  this  sacrifice  of  men  and  treasure  is  to  be, 
and  what  form  of  government  they  are  to  live  under 
hereafter.  The  discussion  of  these  questions  is  more 
important  to  them  than  who  shall  be  elected  President 
next  November. 

[Here  the  hammer  fell.] 


1 


